Miller v. State , 122 Miss. 19 ( 1920 )

Smith, C. J.,

(dissenting.)

The judgment of the court below should be affirmed. The verdict was returned by the jury under the sanction of the required oath and the error committed by the court below in failing to administer this oath to the jury before the evidence was heard was harmless, for there is no probability, if indeed there is any possibility, the verdict was in any wise affected thereby.

I am requested by my Brother Ethridge to say that he is of the same opinion.