State v. Thompson
Supreme Court of Iowa
Appeal from Van Burén District Court. The defendant was indicted for manslaughter, in killing one Brewer. When the case was called for trial, a jury was placed in the box, and defendant’s counsel addressed to a juror the following question: “ Hare you formed or expressed an opinion as to the defendant’s guilt ?” The juror answered, that he had not.
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Appeal from Van Burén District Court. The defendant was indicted for manslaughter, in killing one Brewer. When the case was called for trial, a jury was placed in the box, and defendant’s counsel addressed to a juror the following question: “ Hare you formed or expressed an opinion as to the defendant’s guilt ?” The juror answered, that he had not. Tho defendant’s counsel then asked, “ Whether ho had formed or expressed an opinion as to defendant’s killing Brewer ?” To this the juror answered, that he had. The defendant thereupon challenged the juror for cause; the court overruled the…
1Opinion of the CourtStockton, J.
The challenge to the juror, was correctly overruled. To constitute good cause of challenge, it should appear that the juror had formed or expressed an unqualified opinion or belief that the defendant was guilty or not guilty of the offence charged. Code, sec. 2986. It is not sufficient cause of challenge, after the juror had replied that he had formed nor expressed no opinion as to the guilt of the defendant, that in reply to the question by the counsel, he answered that he had formed and expressed an opinion as to the fact of the killing of the deceased by defendant. The opinion formed or…
2Cases cited1 opinion
- Armstrong v. PiersonSupreme Court of Iowa · 1857
3Cited by22 opinions
- State v. HaworthUtah Supreme Court · 1902
- State v. HolderSupreme Court of Iowa · 1945
- State v. NeeleySupreme Court of Iowa · 1865
- State v. BenhamSupreme Court of Iowa · 1867
- Clifford v. StateWisconsin Supreme Court · 1883
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