Fulcher v. State

Mississippi Supreme Court October 15, 1903

Fulcher v. State, 82 Miss. 630 (Miss. 1903)

Calhoon

Opinion of the Court

Calhoon, J.,

delivered the opinion of the court.

The objection that the juror, Narrowitz, was not a qualified voter, but an unnaturalized foreigner, was made too late, being after verdict. Moreover, it nowhere appears, by affidavit or otherwise, that this fact was unknown to the accused or his counsel when the juror was accepted. Const., sec. 264; Tolbert v. State, 71 Miss., 191, 14 South., 462, 42 Am. St. Rep., 454; George v. State, 39 Miss., 570.

*634The court below did not err in its modification of the seventh charge asked by the defendant.

Affirmed.

Reference

Full Case Name: Thomas J. Fulcher v. State of Mississippi
Cited By: 4 cases
Status: Published
Syllabus: 1. Jurors. Disqualification. Aliens. Constitution 1890, See. 264. Objection after verdict. Under Constitution 1890, § 264, providing that jurors must be qualified electors, able to read and write, but the want of qualification of a juror shall not vitiate a verdict, an objection that a juror was an alien and therefore not a qualified elector cannot be made after verdict. 2. Same. Absence of Ivnowledge. In the absence of a showing that the facts' of which an objection to a juror is predicated were unknown to the objecting party and his counsel when the juror was accepted on the panel, the objecton will be unavailing. 3. Criminal Law. Mwrder. Instruction. Self-defense. In a murder case a defendant’s instruction to the effect that the jury must acquit if there be a reasonable doubt whether ,at the time the deceased was struck by defendant he was attempting to strike defendant with a hoe, may be properly modified by adding thereto the words, “If you believe the hoe was a deadly weapon in the hands of deceased, and .that it was really or apparently necessary for the defendant to strike to protect himself.”