Legal Opinion

Curry v. State

Nebraska Supreme Court

Decided January 15, 1877PublishedCited by 17 opinions

Error from the district court of Douglas county. Tried -below before Savage, J. It was a re-trial of the cause, granted by this court, and reported in 4th Neb., 545. Eesulting in the conviction of the prisoner he again sued out a writ of error to this court.

1Opinion of the CourtGantt, J.

The plaintiff in error was indicted for an assault with intent to murder one Edward Eosewater.

The main ground of error relied on relates to the supposed disqualification of Charles Wilkins, a juror, who after his examination upon his voir dire, was challenged for principal cause, and the ground of the challenge is that he had expressed an opinion in relation to the issue. It is a constitutional guaranty that in all criminal prosecutions the accused shall have the right of “ a trial by an impartial jury,” that is, a jury “not'biased in favor of one party more than another; indifferent;…

2Cases cited1 opinion

  1. Goodright v. M'CauslandSupreme Court of Pennsylvania · 1794

3Cited by17 opinions

  1. Fimple v. Archer Ballroom Co.Nebraska Supreme Court · 1949
  2. Tegeler v. StateCourt of Criminal Appeals of Oklahoma · 1913
  3. Basye v. StateNebraska Supreme Court · 1895
  4. Bohanan v. StateNebraska Supreme Court · 1885
  5. Vanderheiden v. StateNebraska Supreme Court · 1953

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