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79 Miss. 577

Shaw v. State

Mississippi Supreme Court

Decided October 15, 1901

Mississippi Supreme Court · decided 1901-10-15

From the circuit court of Oktibbeha county. HoN. EugeNe O. Sykes, Judge. Held: “If the bailiff in charge of a jury impaneled to try a felony, after their retirement to consider of their verdict, inform them that they shall not have any meat or drink until they have agreed, it will be no cause for setting aside their verdict of conviction.” SkatesJ case, 64 Miss., 644 (651-3).

Good law ✅— No negative treatment on recordhow we know

Decided 1901-10-15

How this case has been cited

Cited by 13 later decisions — most recently January 2016

13 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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OaijtooN, J.,

¶1delivered the opinion of the court.

¶2The grossly improper conduct of the sheriff vitiates this verdict. From his own-testimony, not objected to, it appears that “just for mischief, more than anything else,” he called to the bailiff in charge of the trial jury, “that the judge was going home this evening, and that they would have to stay there until Monday morning.” It is hardly possible that the jury did not hear this. Jurors were offered to show that the sheriff called to the jury “that the judge would leave for home in a few minutes, and, unless they would return a verdict at once, they would be held until the following Monday.” The result was a verdict in five minutes. The court refused the testimony of the jurors as an impeachment of their verdict. ' We think the testimony of the jurors competent. Jurors may not be heard to impeach their verdict by showing their own misconduct, or what took place in their private room, or because of the grounds on which they found their verdict, but are competent to show the misconduct of others. Thomp. & M. Juries, secs. 441, 448; Nelms v. State, 13 Smed. & M., 500 (53 Am. Dec., 94); Barnett v. Eaton, 62 Miss., 768. Such communications to the jury are presumed to be prejudicial, and necessitate reversal. Senior v. Brogan, 66 Miss., 178 (6 So. Rep., 649); Brown v. State, 69 Miss., 398 (10 So. Rep., 579); Maury v. State, 68 Miss,, 605-608 (9 So. Rep., 445; 24 Am. St. Rep., 291). There is no evidence that the misconduct of the sheriff worked ' no injury. The influence of the declaration of so high an officer ■ is much graver than -if made by an outsider.

¶3Reversed and remcmded.

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