Dilworth v. Commonwealth
Supreme Court of Virginia
John Dilworth was indicted in the Circuit court of Harrison county, for the murder of Addison Bumbgardner. When the trial came on, William Flanagan was called as a juror, and was sworn and tried on his voir dire; and stated that he had not made up or expressed any opinion as to the guilt or innocence of the prisoner, and proved himself free from exceptions; and was thereupon placed upon the panel of twenty-' four.
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John Dilworth was indicted in the Circuit court of Harrison county, for the murder of Addison Bumbgardner. When the trial came on, William Flanagan was called as a juror, and was sworn and tried on his voir dire; and stated that he had not made up or expressed any opinion as to the guilt or innocence of the prisoner, and proved himself free from exceptions; and was thereupon placed upon the panel of twenty-' four. The first day was consumed in obtaining a jury, and directly it was impanneled and sworn, and before any testimony was introduced, the court adjourned until the next day. On the…
1Opinion of the Court
Daniel,. J.
It is well settled that it is a principal cause of challenge to one called as a juror on a trial for felony, that he was of the grand jury who found the indictment against the prisoner. 21 Vin. Abr. Trial, 253; Coke Lit. 156 b ; Herndon v. Bradshaw, 4 Bibb’s R. 45; Barlow v. The State, 2 Black. R. 114; Hunter v. Matthews, 12 Leigh 228.
The juror Flanagan is in that predicament; and it is urged on behalf of the prisoner, that sentence has been pronounced against him without his ever having *692enjoyed the right to a trial by a jury free from exception ; whilst on behalf of the…
2Cases cited3 opinions
- Commonwealth v. JonesGeneral Court of Virginia · 1829
- Curran's CaseSupreme Court of Virginia · 1850
- Commonwealth v. FlanaganSupreme Court of Pennsylvania · 1844
3Cited by14 opinions
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- State v. LeeSupreme Court of Connecticut · 1894
- Flesher v. HaleWest Virginia Supreme Court · 1883
- State v. PritchardNevada Supreme Court · 1881
- State v. CooperWest Virginia Supreme Court · 1914
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