80 Miss. 710 | Miss. | 1902
delivered the opinion of the court.
Steven West was convicted in the circuit court of Warren county of the murder of Hinnie Eisher, and sentenced to be hanged. Erom the judgment this appeal is taken. He assigns several errors in the proceedings before the trial court:
2. The court, upon an examination of the jurors on voir dire, placed twelve men in the jury box, and they were accepted by the state, when the defendant was asked whether he would accept the panel or not. His counsel replied that two of the jurors then in the box on their voir dire had disqualified themselves — one by saying that he was not a registered voter, and the other by not having paid his taxes before February 1st. The court said to him: “If you challenge the two jurors for
3. The objection to the instruction that the jury, being unable to fix the punishment at imprisonment for life, should return a verdict of guilty, if from the evidence, beyond all reasonable doubt, they believed him so to be, is frivolous. It is in exact conformity with the statute, which covers the whole law of the case.
Affirmed.