Wells v. State

Mississippi Supreme Court

Wells v. State

133 So. 227, 160 Miss. 298, 1931 Miss. LEXIS 153

CourtMississippi Supreme Court

DecidedMarch 30, 1931

DocketNo. 29415 1/2.

StatusPublished

Cited by1 cases

This text of 133 So. 227 (Wells 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

Wells v. State, 133 So. 227, 160 Miss. 298, 1931 Miss. LEXIS 153 (Mich. 1931).

Pincite

Opinion

Smith, C. J.,

delivered the opinion of the court.

This is an appeal from a conviction of manslaughter. The appellant moved the court to quash the venire from which the jury that tried him was drawn for two- reasons : (1) That the jury box had not been “locked and kept closed and sealed,” as required by Section 2033, Code 1930; (2d) that the jury list was prepared by the sheriff and clerks of the circuit and chancery courts twenty-one days before the beginning of the term of court, when it should have been prepared, under sections 2040 and 2042, Code 1930, within fifteen days thereof. The clerk of the court testified that the jury box was not locked, but was kept by him, in his office vault where his records were. This motion was, overruled; no error was thereby committed, for the reason that these irregularities are within tide curative provisions of section 2064, Code 1930.

Two instructions were refused the appellant. Both of them are manifestly argumentative and on the weight of the evidence, and therefore were properly refused.

Affirmed.

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Smith, C. J.,

delivered the opinion of the court.

This is an appeal from a conviction of manslaughter. The appellant moved the court to quash the venire from which the jury that tried him was drawn for two- reasons : (1) That the jury box had not been “locked and kept closed and sealed,” as required by Section 2033, Code 1930; (2d) that the jury list was prepared by the sheriff and clerks of the circuit and chancery courts twenty-one days before the beginning of the term of court, when it should have been prepared, under sections 2040 and 2042, Code 1930, within fifteen days thereof. The clerk of the court testified that the jury box was not locked, but was kept by him, in his office vault where his records were. This motion was, overruled; no error was thereby committed, for the reason that these irregularities are within tide curative provisions of section 2064, Code 1930.

Two instructions were refused the appellant. Both of them are manifestly argumentative and on the weight of the evidence, and therefore were properly refused.

Affirmed.

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Bluebook (online)

133 So. 227, 160 Miss. 298, 1931 Miss. LEXIS 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-state-miss-1931.

Opinion

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