White v. State

Mississippi Supreme Court
White v. State, 73 Miss. 50 (Miss. 1895)
Whitfield

White v. State

Opinion of the Court

Whitfield, J.,

delivered the opinion of the court.

“That a juror may be a witness on a trial before himself and his fellows is well settled. ” Roy v. Horsley, 25 Am. Rep., *51540, note. A juror may always be a witness for either party, and still retain his seat as a juror. ’ ’ Fellows' Case, 5 Me., 335. To the same effect are Rex v. Rosser, 7 Car. & P., 648; 32 E. C. L., 803, a criminal case; Manley v. Shaw, 41 E. C. L., 200; 1 Car. & M., 361, a civil case; Thomp. & M. on Jur., § 216. It is held in State v. Jacob, 30 S. C., 131, s.c. 11 Am. St. Rep., 897, that a juror, in weighing the credibility of testimony, has a right to take into consideration his own knowledge of the character of the witness delivering such testimony — as to which we say nothing. In this case the jurors testified only to character.

We find no reversible error in the other assignments.

Affirmed.

Reference

Full Case Name
Bob White v. State
Cited By
3 cases
Status
Published
Syllabus
Juror may be a Witness. A juror may he a witness for either party before himself and his fellows, and still retain his seat as a juror.