State v. Howard
Superior Court of New Hampshire
Indictment, for the murder of Phebe Hanson, at Rochester, on the 19th of September, 1843, The defendant was tried at the August term, 1844, and the jury failed to agree.
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Indictment, for the murder of Phebe Hanson, at Rochester, on the 19th of September, 1843, The defendant was tried at the August term, 1844, and the jury failed to agree. The second trial was commenced on Monday of the second week of January term, 1845. Upon the calling of the jurors the attorney-general moved the court that they might severally be inquired of whether they had conscientious scruples respecting capital punishment; and the court thereupon ordered the following question to be put to them: “ Have you such conscientious scruples in regard to the right of government to take the life…
1Opinion of the CourtParker, C. J.
The first exception was settled substantially in the case of Pierce v. The State, 13 N. H. Rep. 556. We have no doubt of the right of the court and the corresponding duty of the court to permit an inquiry to be made whether persons, returned to serve as jurors, are capable of discharging (and, we might add, willing to discharge) the duty which the law imposes upon all jurors, under the sanction of a solemn oath. If we should find, upon such an inquiry, that any juror was determined to disregard his duty and violate his oath, it would be clear that he was unfit to sit in the jury-box; and if,…
2Cases cited17 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Commonwealth v. JonesGeneral Court of Virginia · 1829
- Jackson ex dem. Noah v. Dickenson & ThompsonNew York Supreme Court · 1818
- Ex parte VermilyeaNew York Supreme Court · 1826
- Pierce v. StateSuperior Court of New Hampshire · 1843
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3Cited by7 opinions
- Nickels v. StateSupreme Court of Florida · 1925
- State v. BenoitSupreme Court of New Hampshire · 1985
- State v. PhinneySupreme Court of New Hampshire · 1977
- State v. NashSupreme Court of New Hampshire · 1979
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
2 more not listed; retrieve them via the Exa API.