People v. Damon
New York Supreme Court
The prisoner, Joseph Damon, was tried at the Chautauque oyer and terminer, on an indictment for murder. On the empanneling of the petit jury for the trial of the prisoner, after the fourth juror had been sworn in chief and taken his seat, the district attorney inquired of him whether he had conscientious scruples against finding a verdict of guilty for an offence punishable with death.
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The prisoner, Joseph Damon, was tried at the Chautauque oyer and terminer, on an indictment for murder. On the empanneling of the petit jury for the trial of the prisoner, after the fourth juror had been sworn in chief and taken his seat, the district attorney inquired of him whether he had conscientious scruples against finding a verdict of guilty for an offence punishable with death. The counsel for the prisoner objected that the inquiry was too late—that after the juror was sworn in chief, he could not be objected to. The court overruled the objection, and the juror being sworn to answer…
1Opinion of the Court
By the Court,
Savage, Ch. J.
There are two questions arising in this case: 1. Can a juror be challenged after he is sworn 1 2. Can a juror, who has conscientious scruples against finding a verdict of guilty in a case punishable with death, be allowed to serve as a juror on the trial of an indictment for an offence punishable with death, unless he belongs to a religious denomination loho, as a denomination, entertain such scruples ?
The regular practice is to challenge jurors as they come to the book to be sworn, and before they are sworn; but I apprehend this is matter of practice, and may be…
2Cited by27 opinions
- Commonwealth v. GalvinMassachusetts Supreme Judicial Court · 1948
- State v. LeeSupreme Court of Connecticut · 1894
- People v. OlcottNew York Supreme Court · 1801
- Keech v. StateSupreme Court of Florida · 1876
- State v. . BowmanSupreme Court of North Carolina · 1879
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