State v. O'Brien
Idaho Supreme Court
APPEAL from the District Court of First Judicial District for Kootenai County. Hon. Ralph. T. Morgan, Judge. Defendant was convicted of the crime of burglary and sentenced to a term of twelve years in the state penitentiary. Before a juror is called, the defendant must be informed by the court, or under its direction, that if he intends to challenge an individual juror he must do so before the jury is sworn.
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APPEAL from the District Court of First Judicial District for Kootenai County. Hon. Ralph. T. Morgan, Judge. Defendant was convicted of the crime of burglary and sentenced to a term of twelve years in the state penitentiary. Before a juror is called, the defendant must be informed by the court, or under its direction, that if he intends to challenge an individual juror he must do so before the jury is sworn. (Rev. Stats., sec. 7826.) The failure of the record to show that defendant was acquainted with his rights under this law, since it appears that he did not exercise the privilege of…
1Opinion of the CourtSullivan, J.
The defendant was. convicted of the crime of burglary, in the first degree, and sentenced to serve a term of twelve years in the state penitentiary. This appeal is from the judgment alone. None of the evidence given on the trial is contained in the record and this appeal is presented on questions of law alone.
The first error assigned is that the appellant was not given a fair and impartial trial, for the reason that the record failed to show that he was ever informed by the court or by anyone tinder the direction of the court before the jury was called, or at any time, that if he intended to…
2Cited by6 opinions
- State v. LundhighIdaho Supreme Court · 1917
- State v. MundellIdaho Supreme Court · 1945
- State v. WhiteIdaho Supreme Court · 1921
- State v. DawsonIdaho Supreme Court · 1925
- State v. SmithIdaho Supreme Court · 1917
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