When any person charged with a capital crime, or with the crime of manslaughter, shall have been arraigned and the plea of not guilty entered, the accused or the district attorney in any such case shall, upon demand, be entitled to a special venire. If at a term of court a special venire has been demanded for any case or cases, it shall be the duty of the court to cause to be drawn, in open court, from the jury box as many names as the judge in his discretion may direct, not to be less than forty (40) for each special venire as the judge in his discretion may direct to be called, and it shall be the duty of the clerk to issue a special venire facias, commanding the sheriff to summon the persons whose names are so drawn, to attend the court on a particular day to be named in the writ. It shall not be necessary that a separate special venire be drawn for each case in which a special venire is demanded. Those persons summoned pursuant to the issuance of a special venire facias shall attend the court on the day named in the writ and shall serve as the court may direct on any case for which a special venire has been demanded; provided, however, no juror summoned as a special venireman shall be impaneled or serve on more than one (1) case. In the event a special venire be exhausted in a case without a jury being impaneled from those summoned and in attendance, the court shall proceed to make up the jury for the trial of the case from the regular panel and tales jurors who may have been summoned for the day. If, after exhausting said regular panel and tales jurors, a competent jury be not obtained, the court shall direct the sheriff to summon forthwith as many tales jurors as shall be sufficient to complete the jury.
In the event that there should be no such box, or the same should be mislaid, or the names therein have been exhausted, then the court may order a special venire facias to be issued by the clerk, directing the sheriff to summon as many jurors as may be necessary, not less than forty (40) for each special venire as the judge in his discretion may direct to be called and, after exhausting a special venire in any case, to impanel the jury as hereinbefore directed. The slips containing the names of all jurors drawn or summoned on a special venire, and not impaneled on a jury, shall be returned to the box from which they were drawn immediately after a jury shall be impaneled. If a special venire be not demanded, the jury in each case shall be composed of the regular venire for the week and as many talesmen and bystanders as may be required, to be summoned under the order of the court.
Codes, Hutchinson's 1848, ch. 65, art. 7 (1); 1857, ch. 64, art. 295; 1871, § 2759; 1880, § 3058; 1892, § 2386; 1906, § 2715; Hemingway's 1917, § 2208; 1930, § 2061; 1942, § 1795; Laws, 1985, ch. 443, § 1, eff. 7/1/1985.
Notes of Decisions
Cited in
33
cases, 1974–2007 · leading case:
Mitchell v. State, 792 So. 2d 192 (Miss. 2001).
Mitchell v. State, 792 So. 2d 192 (Miss. 2001).
· cites it 2× “Miss.Code Ann. § 13-5-77 (Supp.2000). The standard of review regarding a denial of a motion for a special venire comes from Davis v.”
Wilcher v. State, 863 So. 2d 776 (Miss. 2003).
· cites it 2× “During the pretrial motions hearing in Scott County, Wilcher's attorneys requested a special venire pursuant to Miss.Code Ann. § 13-5-77 (Rev.2002). Wilcher's attorneys also informed the Court that a special venire would not be requested if venue was transferred from Scott…”
Burns v. State, 813 So. 2d 668 (Miss. 2001).
· cites it 2× “He cites authority which states that a defendant has the right to be present at all critical states in the proceedings but he provides no authority which holds that a defendant's absence at the drawing of the special venire is reversible error.”
Booker v. State, 449 So. 2d 209 (Miss. 1984).
· cites it 2× “Mississippi Code Annotated section 13-5-77 (1972) provides: When any person charged with a capital crime, or with the crime of manslaughter, shall have been arraigned and the plea of not guilty entered, it shall be the duty of the court, upon the demand of the accused or the…”
Wilcher v. State, 863 So. 2d 719 (Miss. 2003).
· cites it 2× “During the pretrial motions hearing in Scott County, Wilcher's attorneys requested a special venire pursuant to Miss.Code Ann. § 13-5-77 (Rev.2002). Wilcher's attorneys also informed the Court that a special venire would not be requested if venue was transferred from Scott…”
Davis v. State, 743 So. 2d 326 (Miss. 1999).
· cites it 2× “Davis argues that Shaddock was ineffective for failure to request a special venire to which he was entitled under Miss.Code Ann. § 13-5-77 (Supp.1998). In this case the State had moved for a special venire but withdrew the request before trial.”
Williams v. State, 590 So. 2d 1374 (Miss. 1991).
· cites it 4× “Since it's a capital robbery case, we're entitled to a special venire under Section 13-5-77 and it's to be granted upon demand and we're asking for it because of the fact that it is a they are, the State is proceeding on a capital robbery case, which the jury would have to…”
Billiot v. State, 454 So. 2d 445 (Miss. 1984).
“Mississippi Code Annotated § 13-5-77 (1972) provides that in certain criminal cases, including capital cases, the defendant is, upon request, entitled to a special venire of at least forty persons.”
Davis v. State, 767 So. 2d 986 (Miss. 2000).
· cites it 2× “Miss.Code Ann. § 13-5-77 (Supp.2000). No juror summoned as a special venireman shall be impaneled or serve on more than one jury.”
Triplett v. State, 666 So. 2d 1356 (Miss. 1995).
· cites it 2× “Miss. Code Ann. § 13-5-77 (Supp. 1993). Counsel's failure to seek a special venire could very well have been trial strategy.”
Osborne v. State, 404 So. 2d 545 (Miss. 1981).
· cites it 2× “We held that the principal offense of cattle theft was not in the category of offenses for which one is entitled to a special venire or to twelve peremptory challenges.”
Speagle v. State, 956 So. 2d 237 (Miss. Ct. App. 2006).
· cites it 6× “Miss.Code Ann. § 13-5-77 (Rev.2002); see also Davis v.”
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