Every citizen not under the age of twenty-one years, who is either a qualified elector, or a resident freeholder of the county for more than one year, is able to read and write, and has not been convicted of an infamous crime, or the unlawful sale of intoxicating liquors within a period of five years and who is not a common gambler or habitual drunkard, is a competent juror. No person who is or has been within twelve months the overseer of a public road or road contractor shall, however, be competent to serve as a grand juror. The lack of any such qualifications on the part of one or more jurors shall not, however, vitiate an indictment or verdict. Moreover, no talesman or tales juror shall be qualified who has served as such talesman or tales juror in the last preceding two years, and no juror shall serve on any jury who has served as such for the last preceding two years. No juror shall serve who has a case of his own pending in that court, provided there are sufficient qualified jurors in the district, and for trial at that term.
In order to determine that prospective jurors can read and write, the presiding judge shall, with the assistance of the clerk, distribute to the jury panel a form to be completed personally by each juror prior to being empaneled as follows:
- 1." Your name ____________________ Last ____________________ First ____________________ Middle initial
- 2. Your home address ____________________
- 3. Your occupation ____________________
- 4. Your age ____________________
- 5. Your telephone number ____________________ If none, write none
- 6. If you live outside the county seat, the number of miles you live from the courthouse ____________________ Miles
____________________
Sign your name"
The judge shall personally examine the answers of each juror prior to empaneling the jury and each juror who cannot complete the above form shall be disqualified as a juror and discharged.
A list of any jurors disqualified for jury duty by reason of inability to complete the form shall be kept by the circuit clerk and their names shall not be placed in the jury box thereafter until such person can qualify as above provided.
Codes, Hutchinson's 1848, ch. 61, art. 1 (138); 1857, ch. 61, art. 126; 1871, § 724; 1880, § 1661; 1892, § 2354; 1906, § 2684; Hemingway's 1917, § 2176; 1930, § 2029; 1942, § 1762; Laws, 1894, ch. 69; Laws, 1914, ch. 208; Laws, 1938, ch. 303; Laws, 1962, ch. 308, § 1; Laws, 1968, ch. 335, § 1; Laws, 1970, ch. 339, § 1, eff. 4/2/1970.
Notes of Decisions
Cited in
96
cases (
4 in the last 5 years), 1974–2024 · leading case:
Scott v. State, 878 So. 2d 933 (Miss. 2004).
Scott v. State, 878 So. 2d 933 (Miss. 2004).
· cites it 14× “Miss.Code Ann. § 13-5-1 requires that potential jurors are literate.”
Eddie Hall v. State of Mississippi, 201 So. 3d 424 (Miss. 2016).
· cites it 12× “Miss. Code Ann. § 13-5-1 (Rev. 2012). The judge asked if anyone had a conviction resulting in imprisonment.”
Milano v. State, 790 So. 2d 179 (Miss. 2001).
· cites it 8× “Next, Milano alleges that the trial court erred in permitting venirepersons to be drawn under an unconstitutional statute as Miss.Code Ann. § 13-5-1 (1972) placed improper restrictions as to who could serve on Milano's jury.”
Roberts Co. v. Marcus Moore, 214 So. 3d 202 (Miss. 2017).
· cites it 38× “Moreover, no talesman or tales juror shall be qualified who has served as such talesman or tales juror in the last preceding two years, and no juror shall serve on any jury who has served as such for the last preceding two years. No juror shall serve who has a case of his own…”
Davis v. State, 767 So. 2d 986 (Miss. 2000).
· cites it 12× “pursuant to Miss.Code Ann. §§ 13-5-1, -23 & -25 (1972 & Supp.”
Gause v. State, 65 So. 3d 295 (Miss. 2011).
· cites it 15× “Miss.Code Ann. § 13-5-1 (Rev.2002). According to Mississippi Code Section 13-5-23, “[a]ll qualified jurors shall be liable to serve as jurors, unless excused” for cause.”
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “Rule 808(b)(2) (2004) Mississippi 21 Miss. Code Ann. § 13-5-1 (Lexis 2002) Missouri 21 Mo.”
Leslie Danielle Dewitt v. State of Mississippi, 269 So. 3d 388 (Miss. Ct. App. 2018).
· cites it 16× “1993) (citing Miss. Code Ann. § 13-5-1 ). A juror may be disqualified if he withholds or misrepresents information upon being asked a "clearly worded" question during voir dire.”
Spires v. State, 10 So. 3d 477 (Miss. 2009).
· cites it 8× “" Miss.Code Ann. § 13-5-1 (Rev.2002). This language applies only to the outdated practice of using tales jurors for circuit court juries.”
Chase v. State, 645 So. 2d 829 (Miss. 1994).
· cites it 4× “Dena Hall Dena Hall was excused pursuant to Miss. Code Ann. § 13-5-1 (1972). This section excludes persons under the age of 21 from jury service.”
Puckett v. State, 879 So. 2d 920 (Miss. 2004).
· cites it 6× “Miss.Code Ann. § 13-5-1 provides, in relevant part, as follows: Every citizen not under the age of twenty-one years, who is either a qualified elector, or a resident freeholder of the county for more than one year, is able to read and write, and has not been convicted of an…”
Edwards v. State, 737 So. 2d 275 (Miss. 1999).
· cites it 4× “Edwards challenges Miss.Code Ann. § 13-5-1 as being violative of the United States Constitution because it excludes illiterates from jury service.”
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