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.
Structure Mississippi Code
Title 13 - Evidence, Process and Juries
§ 13-5-1. Who are competent jurors; determination of literacy
§ 13-5-2. Public policy stated
§ 13-5-14. List of names placed in jury wheel to be delivered to senior circuit judge-minute entry
§ 13-5-18. Telephone answering device required; cost of device
§ 13-5-21. Jury list in counties with two circuit court districts
§ 13-5-25. Who is exempt as a personal privilege
§ 13-5-28. Summoning of person drawn for jury duty
§ 13-5-30. Summoning of jurors where there is shortage of petit jurors drawn from jury box
§ 13-5-32. Names of jurors drawn from jury box to be made public; exception
§ 13-5-36. Preservation of records and papers in connection with selection and service of jurors
§ 13-5-38. Payment of cost of implementation of law
§ 13-5-39. Terms of grand juries limited
§ 13-5-41. Number of grand jurors
§ 13-5-43. Impaneling as conclusive evidence of competency and qualifications
§ 13-5-45. Foreman to be appointed and all to be sworn
§ 13-5-47. Judge to charge the grand jury
§ 13-5-51. Places of absent jurors to be filled
§ 13-5-53. Adjournment of grand jury to a day; pay in such case
§ 13-5-55. Grand jury to inspect jail; sheriff punishable
§ 13-5-57. Grand jury may examine all county offices
§ 13-5-59. Grand jury to examine tax collector's books
§ 13-5-61. Grand jury not to disclose secrets of jury-room
§ 13-5-63. Witnesses before grand jury may be subpoenaed and sworn
§ 13-5-65. Impaneling of petit juries
§ 13-5-67. Impaneling of alternate jurors
§ 13-5-69. Examination of jurors by attorneys or litigants
§ 13-5-71. Oath of petit jurors
§ 13-5-73. Oath of jurors and bailiffs in capital cases
§ 13-5-77. Special venire facias to issue in certain criminal cases
§ 13-5-79. When opinion as to guilt or innocence will not render one incompetent in a criminal case
§ 13-5-81. Challenge to array; quashing of venire
§ 13-5-83. Intoxicated jurors; jurors under the control of the court
§ 13-5-85. Selection of and service on juries in Harrison County
§ 13-5-87. Laws as to listing, drawing, summoning and impaneling of juries are directory
§ 13-5-89. Juries in condemnation proceedings
§ 13-5-91. Jury may view the place
§ 13-5-93. Nine jurors may return a verdict in civil cases
§ 13-5-95. Separate accommodations and bailiffs for male and female jurors
§ 13-5-97. Certain jury records exempt from public access requirements