Van Blaricum v. People
Illinois Supreme Court
At the February term, 1855, of the Recorder’s Court of the the city of Chicago, the plaintiff in error was indicted, tried, and convicted of the crime of larceny, and sentenced to four years’ imprisonment in the penitentiary.
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At the February term, 1855, of the Recorder’s Court of the the city of Chicago, the plaintiff in error was indicted, tried, and convicted of the crime of larceny, and sentenced to four years’ imprisonment in the penitentiary. Upon the trial, the following bill of exception was taken: Be it remembered, that upon the trial of this cause, four jurors were called, among whom were Alonzo A. Smith, Jacob H. Kingsley, and Lewis Doyle, who stated on examination by defendant’s counsel, that they were of the jury who tried Edward F. Powers, indicted jointly with this defendant, and had formed an…
1Opinion of the Court
Catón, J.
The only question which we shall decide in this case is, whether the court could set aside a juror because he had formed and expressed an opinion in the case, although he was not challenged by either party. The juror was examined, and stated that he had an opinion in the case, but notwithstanding this, he was accepted by the prisoner, and before he had been accepted or challenged by the people, the court ordered him to stand aside, and refused to allow him to be sworn on the jury, to which the prisoner excepted. In this we think the court erred. It does not appear but that the juror…
2Cited by12 opinions
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- State v. DiedtmanMontana Supreme Court · 1920
- State v. SeyboldtUtah Supreme Court · 1925
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