Legal Opinion

State v. Shelledy

Supreme Court of Iowa

Decided June 11, 1859PublishedCited by 40 opinions

Appeal from the Johnson D'istrict Couri, The defendant, with fourteen others, was indicted for the murder of Boyd "Wilkinson.

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Appeal from the Johnson D'istrict Couri, The defendant, with fourteen others, was indicted for the murder of Boyd "Wilkinson. The indictment contained eight counts, the first of which, after the formal part, read, as follows: That Frederick ML Irish, Michael Freeman, ITenry Gray, Peter Conboy, Philip Clark, Alfred Curtis,. Charles Dow, Samuel Shelledy, Charles Brown, Daniel Marshall, John McGuire, George W. Rawson, James Taylor, Patrick McGraith, and Dennis Hogan, of said county, on the 11th day of May, in the year of our Lord, one thousand and eight hundred and fifty-eight, at Iowa city…

1Opinion of the Court

Stockton, J.*

The statute provides that a challenge for cause, may be taken either by the state or by the defendant; and if for implied bias, may be for the reason, that the juror has formed or expressed an unqualified opinion or belief, that the prisoner is guilty or not guilty of the offense chharged. Code, secs. 2982, 2986.

It wras sufficient cause of challenge to the juror, Eeynolds, in this instance, that on his examination as a witness, to *503prove the challenge as to him on the part of the state, he testified that “ he thought he had formed or expressed an unqualified opinion or belief,…

2Cases cited4 opinions

  1. State v. PotterSupreme Court of Connecticut · 1846
  2. Hudson v. StateIndiana Supreme Court · 1824
  3. United States v. WarnerU.S. Circuit Court for the District of Ohio · 1848
  4. United States v. FreemanU.S. Circuit Court for the District of Massachusetts · 1827

3Cited by40 opinions

  1. Griffin v. United StatesSupreme Court of the United States · 1991
  2. Pointer v. United StatesSupreme Court of the United States · 1894
  3. State v. GreerWest Virginia Supreme Court · 1883
  4. Commonwealth v. BrownSuperior Court of Pennsylvania · 1903
  5. Stephenson v. StateIndiana Supreme Court · 1932

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