Bristow v. Commonwealth
Supreme Court of Virginia
At the November term 1858 of the Circuit court of King- & Queen county, Robert B. Bristow was indicted, for the murder of B. J. Gogerty. He was put upon his trial at the same term; but the jury not being able to agree upon a verdict, was discharged.
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At the November term 1858 of the Circuit court of King- & Queen county, Robert B. Bristow was indicted, for the murder of B. J. Gogerty. He was put upon his trial at the same term; but the jury not being able to agree upon a verdict, was discharged. At the April term 1859 he was again put upon his trial, when the following facts were proved: On the morning of Rriday the 18th of June in the year 1858, B. J. Gogerty the deceased, was at the office of Dr. Cox, in the village of Centerville, in the county of King & Queen, together with several other *persons. It was staled by some person to the…
1Opinion of the CourtRobertson, J.
If the juror Wa3'ne had been challenged *before he was sworn, because of his having been a member of the grand jury that found the indictment, there can be no doubt that the court would have been bound to exclude him from the jury for the trial of the prisoner. But not having been so challenged, his serving upon it was not of itself sufficient ground upon which to set aside the *988verdict. A party is not entitled to a new trial, as a matter of right, because he is able after verdict to show such cause of challenge against a juror as would have been allowed if made before he was sworn.
“When the…
2Cases cited3 opinions
- Commonwealth v. JonesGeneral Court of Virginia · 1829
- Curran's CaseSupreme Court of Virginia · 1850
- Dilworth v. CommonwealthSupreme Court of Virginia · 1855
3Cited by11 opinions
- People v. HillCalifornia Supreme Court · 1992
- State v. GreerWest Virginia Supreme Court · 1883
- Jones v. CommonwealthSupreme Court of Virginia · 1890
- State v. McDonaldWest Virginia Supreme Court · 1876
- Clark v. CommonwealthSupreme Court of Virginia · 1893
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