Legal Opinion

State v. Potter

Supreme Court of Connecticut

Decided July 15, 1846PublishedCited by 45 opinions

This was an indictment for the murder of Lucius P. Osborne; tried at New-Haven, October term, 1845, before , T 1 TT7 • T ' hams, Ch. J. and Waite, J. While the jury were being empanelled, Joel Augur was called, by the sheriff, as a talesman ; and being enquired of, by the counsel for the prisoner, whether he had formed any opinion as to the prisoner’s guilt, he said, that soon after the prisoner’s arrest, he read certain newspaper accounts in relation to the supposed murder;…

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This was an indictment for the murder of Lucius P. Osborne; tried at New-Haven, October term, 1845, before , T 1 TT7 • T ' hams, Ch. J. and Waite, J. While the jury were being empanelled, Joel Augur was called, by the sheriff, as a talesman ; and being enquired of, by the counsel for the prisoner, whether he had formed any opinion as to the prisoner’s guilt, he said, that soon after the prisoner’s arrest, he read certain newspaper accounts in relation to the supposed murder; and among them were what purported to be the confessions of the prisoner. Upon hearing these read, he was of opinion,…

1Opinion of the Court

Williams, Ch. J.

This is a motion for a new trial, in a capital case, upon the ground that the defendant has been deprived of his legal rights in respect to those who were to constitute the jury ; and that his confessions have been improperly admitted.

The former objection is founded upon the admission of a juror, who, he claims, ought not to have been allowed to sit, on account of previous opinions; and that he was not allowed a peremptory challenge, at the time he chose to take it.

As to the former, the juror had read newspaper accounts in relation to the supposed murder, purporting to be the…

2Cases cited3 opinions

  1. People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. State v. WilliamsSupreme Court of Alabama · 1831
  3. Boardman v. WoodSupreme Court of Vermont · 1831

3Cited by45 opinions

  1. City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883
  2. State v. HoytSupreme Court of Connecticut · 1880
  3. People v. BarkerMichigan Supreme Court · 1886
  4. Levison v. StateSupreme Court of Alabama · 1875
  5. State v. HiggsSupreme Court of Connecticut · 1956

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