Fulcher v. State

Decided October 15, 1903

Mississippi Supreme Court · decided 1903-10-15

From tbe circuit court of Yazoo county. Hon. Robert Powell, Judge. Fulcber, appellant, was indicted and tried for tbe murder of one McNeal; be was convicted of- manslaughter and appealed to tbe supreme court. 'Tbe evidence for tbe state was substantially as follows: Appellant and deceased were neighbors, their fields lying adjacent, and separated by a wire fence.

Cited by 2 later decisions — most recently September 2001

2 state decisions

Key passage — most relied on by later courts

“Moreover, it nowhere appears, by affidavit or otherwise, that this fact was unknown to the accused or his counsel when the juror was accepted.”

quoted by 1 later decision, including 805 So. 2d 577 - Wright v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1903-10-15

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Calhoon, J.,

¶1delivered the opinion of the court.

¶2The 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.

¶3 *634The court below did not err in its modification of the seventh charge asked by the defendant.

¶4Affirmed.