Mississippi Supreme Court, 1895

White v. State

Mississippi Supreme Court · Decided October 15, 1895 · Whitfield

73 Miss. 50

Cases that cite this one

3 later published cases cite this decision.

Davis v. BARR, STATE TAX COMM. (Miss. 1963)
Lucas v. State (Miss. 1951)
State v. Stentz (Wash. 1902)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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