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Cunningham v. State

48 So. 297, 94 Miss. 228
CourtMississippi Supreme Court
DecidedOctober 15, 1908
StatusPublished
Cited by8 cases

This text of 48 So. 297 (Cunningham v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cunningham v. State, 48 So. 297, 94 Miss. 228 (Mich. 1908).

Opinion

Fletcher, J.,

delivered the opinion of the court.

We do not think the proof as to separation of the juror Grady from his fellows is sufficient to reverse this case. It was said in Skales v. State, 64 Miss. 645, 1 South. 843, 60 Am. Rep. [230]*23070, that it is not enough for the defendant to show that possibly some person might have been with the juror and communicated with him. In the case at bar it is highly improbable that the juror saw anybody during the period of his enforced withdrawal from the body of the jury.

Though we are earnestly urged to reverse the case on the facts, after a careful consideration of the evidence, we do not feel justified in disturbing the verdict of the jury.

Affirmed.

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Bluebook (online)
48 So. 297, 94 Miss. 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunningham-v-state-miss-1908.