Territory v. Evans
Idaho Supreme Court
APPEAL from District Court, Bear Lake County. A person is not competent to act as a juror if he be not an elector of the county. (Rev. Stats., sec. 3941; Sampson v. Schaffer, 3 Cal. 107.) A memorandum or deposition taken before an examining magistrate is not competent evidence against the defendant upon trial. (State v. Thomas, 64 N. C. 74; Jackson v. Commonwealth, 19 Gratt. 656; People v. Lambert, 5 Mich. 349, 72 Am.
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APPEAL from District Court, Bear Lake County. A person is not competent to act as a juror if he be not an elector of the county. (Rev. Stats., sec. 3941; Sampson v. Schaffer, 3 Cal. 107.) A memorandum or deposition taken before an examining magistrate is not competent evidence against the defendant upon trial. (State v. Thomas, 64 N. C. 74; Jackson v. Commonwealth, 19 Gratt. 656; People v. Lambert, 5 Mich. 349, 72 Am. Dec. 49; People v. Chung Ah Chue, 57 Cal. 567.) A decision upon the challenge for actual bias is not the subject of exception or review on appeal. (People v. Thing, 53 Cal. 602,…
1Opinion of the CourtBeatty, C. J.
The appellant was charged with the offense of resisting an officer. From the judgment rendered upon his conviction thereof he has appealed to this court, and now contends that the trial court erred (1) in admitting as a trial juror a person “who was a member of an organization that taught .... its adherents .... to commit the crime of bigamy or polygamy”; and (2) in admitting as evidence before the trial jury the depositions of witnesses taken before the committing magistrate.
Must a juror have all the qualifications of an elector? Whether a juror must have the same qualifications now required *653…
2Cases cited9 opinions
- People v. OlsenCalifornia Supreme Court · 1889
- Summons v. StateOhio Supreme Court · 1856
- People v. BrothertonCalifornia Supreme Court · 1874
- People v. RileyCalifornia Supreme Court · 1884
- Sneed v. StateSupreme Court of Arkansas · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Warren v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Putnal v. StateSupreme Court of Florida · 1908
- State v. NelsonSupreme Court of Kansas · 1904
- State v. WaltonOregon Supreme Court · 1909
- State v. ElisondoIdaho Supreme Court · 1988
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