Legal Opinion

State v. Garig

Supreme Court of Louisiana

Decided March 15, 1891No. 10,767PublishedCited by 14 opinions

APPEAL from the Seventeenth District Court, Parish of East Baton Rouge. Buckner, J. 1. A juror, who lias a bias or prejudice, and wlio has formed an opinion, which ‘ can not be removed by circumstantial evidence, is incompetent.

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APPEAL from the Seventeenth District Court, Parish of East Baton Rouge. Buckner, J. 1. A juror, who lias a bias or prejudice, and wlio has formed an opinion, which ‘ can not be removed by circumstantial evidence, is incompetent. State vs. Jackson, 37 An. 768; State vs. Hunger, 11 An. 607. See State vs.Dugay, 35 An. 27; State vs. McGeheo, 36 An. 206. 2. The right of one accused, who exhausts his challenges, is not affected by the fact that his eo-dofendants have unused challenges. State vs. McLean, 21 An 546. 3. Oases may arise where the misconduct of a jury may be shown by one of its members.…

1Opinion of the Court

The opinion of the court was delivered by

Watkins, J.

The three defendants were indicted for murder, convicted of manslaughter, and sentenced each to twenty years’ imprisonment at hard labor in the penitentiary, and from that judgment and sentence they have appealed.

I

The first bill of exceptions to which our attention is attracted is taken by one of the three accused to the overruling of his objection to the competency of a juror. His objection was that the person tendered as a juror had, on his voir dire, confessed that he had formed and expressed an opinion, and that same was fixed and…

2Cited by14 opinions

  1. State v. ShawleySupreme Court of Missouri · 1933
  2. State v. RobertsonSupreme Court of Louisiana · 1913
  3. State v. LyonsSupreme Court of Louisiana · 1904
  4. Gallot v. United StatesCourt of Appeals for the Fifth Circuit · 1898
  5. State v. BushSupreme Court of Louisiana · 1906

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