Warfield v. State

Decided October 15, 1909

Mississippi Supreme Court · decided 1909-10-15

EboM the circuit court of Warren county. HoN. JohN N. Bush, Judge. Warfield, the appellant, was indicted and tried for the murder of his wife, was convicted, sentenced to the penitentiary for life, and appealed to the supreme court. ■The opinion of the court sufficiently states the facts.

Relies on Sherrod v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1909-10-15

How this case has been cited

Cited by 11 later decisions — most recently November 1972

11 state decisions

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.

View the full empirical analysis of this case →

Whittteld, 0. J.,

¶1delivered the opinion of the court.

¶2It is shown by tbe affidavit of Maganos that tbe defendant was out of tbe court room during a part of tbe time tbe petit-jury was being inipaneled. Tbe district attorney did not see proper to introduce any counter affidavit, nor was there cross-examination of the witness Maganos. It, therefore, on this record, remains true that the defendant was not in tbe courtroom during a part of the very important proceeding of impaneling tbe jury. Under the authority of Sherrod v. State, 93 Miss. 774, 47 South. 554, 20 L. R. A. (N. S.) 509, and various other authorities cited therein, this was fatal error.

¶3 *172Wherefore the suggestion of error is sustained, the former judgment of affirmance vacated and set aside, and the judgment •of the court below is reversed, and the cause remanded for a new trial. Reversed.