Jones v. State

Decided April 15, 1880

Mississippi Supreme Court · decided 1880-04-15

Eekoe to the Circuit Court of Wilkinson County. Hon. J. B. CheismaN, Judge. The plaintiff in error was convicted of murder on circumstantial evidence, and sentenced to be banged. Notwithstanding his objection, several jurors were rejected by the court because they stated that they would not convict a man to be hanged on circumstantial evidence, but if satisfied of guilt would send him to the penitentiary for life.

Cited by 6 later decisions — most recently October 1911

6 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1880-04-15

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Campbell, J.,

¶1delivered the opinion of the court.

¶2The court ruled correctly as to the competency of jurors. The punishment prescribed by law for murder is death by hanging. The jury finding a verdict of guilty of murder may fix the punishment at imprisonment for life. The law deems circumstantial evidence sufficient to warrant a verdict of guilty of murder, and a juror who is not willing to pronounce a verdict of guilty of murder on sufficient circumstantial evidence, to be followed by the sentence of the law in such case, is not such a juror as the law requires for the trial of an indictment for murder.

¶3The ninth and tenth instructions asked by the prisoner are correct as legal propositions, and were exceedingly appropriate to the facts in evidence, and refusing them constitutes an error for which the judgment is

¶4Reversed and cause remanded.