In a prosecution for murder, a special venire was summoned and a list thereof served on the accused. On the day of trial, he learned for the first time that the trial judge had excused twenty-six of the seventy-four veniremen summoned. The excuses out of court violated a statute requiring that all requests for excuse be heard in open court. More than the minimum number of veniremen were present, and when it appeared that the original array might be exhausted thirty additional veniremen were called. Accused's motions to quash the jury panel and for a mistrial were overruled. On appeal from conviction, held, affirmed. The statute was directory only, and mere irregularity was not reversible error where there was no showing of fraud or prejudice to the accused. Two justices dissented. Parker v. State, (Miss. 1947) 29 S. (2d) 910.
Jarrett R. Clark,
JURY-EFFECT OF DEVIATION FROM STATUTORY PROCEDURE FOR EXCUSING JURORS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol46/iss5/20