State v. Perkins
Supreme Court of New Hampshire
Indictment, for felonious assault upon a woman child under the age of sixteen years. Trial by jury. Yerdict, guilty. The respondent objected to all jurors who sat in a similar cause against one Stone, which was tried just previous to this. Upon inquiry, the jurors were found to stand indifferent, and the objection was overruled, subject to exception.
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Indictment, for felonious assault upon a woman child under the age of sixteen years. Trial by jury. Yerdict, guilty. The respondent objected to all jurors who sat in a similar cause against one Stone, which was tried just previous to this. Upon inquiry, the jurors were found to stand indifferent, and the objection was overruled, subject to exception. This finding was made upon the following evidence: Each juror testified that1 he never heard of the charge he was called to try; that he was not related to the respondent or the prosecutrix ; that he had no opinion, prejudice, or bias in the…
1Opinion of the CourtWallace, J.
Whether the jurors were indifferent was a question of fact to be determined at the trial term. State v. Pike, 49 N. H. 399, 406; State v. Jones, 50 N. H. 369, 381; State v. Sawtelle, 66 N. H. 488. The court having found they were indifferent, upon evidence which warranted that conclusion, the finding will not be revised. The fact that some of the jurors had sat in a similar case against another person was no disqualification.
The record of the birth of a child whose name was spelled “ Menter ” was properly admitted to show the age of the child upon whom the assault was alleged to have been…
2Cases cited2 opinions
- Commonwealth v. JenningsMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. WarrenMassachusetts Supreme Judicial Court · 1887
3Cited by13 opinions
- State v. SpadeSupreme Court of New Hampshire · 1978
- State v. HennesseySupreme Court of New Hampshire · 1997
- State v. ProulxSupreme Court of New Hampshire · 1970
- State v. SeymourSupreme Court of New Hampshire · 1998
- State v. WilliamsSupreme Court of New Hampshire · 1993
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