State v. Gaffney
Supreme Court of Vermont
Indictment in three counts, charging the respondents with an •assault On one Henry Barrell; the 'first, with an assault with a “ dangerous weapon ” with intent to kill; the second with intent to kill; and the third with an assault. Plea, not guilty. Trial by jury, May Term, 1883, Taft, J., presiding. Verdict guilty with intent to kill. The respondents were tried together.
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Indictment in three counts, charging the respondents with an •assault On one Henry Barrell; the 'first, with an assault with a “ dangerous weapon ” with intent to kill; the second with intent to kill; and the third with an assault. Plea, not guilty. Trial by jury, May Term, 1883, Taft, J., presiding. Verdict guilty with intent to kill. The respondents were tried together. The counsel for the respondents, after asking a juror many questions as to whether he had read an account of the affray, and had formed and expressed an opinion, and the answers thereto, challenged him for cause. The…
1Opinion of the Court
The opinion of the court was delivered by
Nowell, J.
The respondent Gaffney not insisting on the *453exceptions, they were argued on behalf of the respondent Field only, who was not injured by the refusal of his challenge for cause, as he peremptorily challenged the juror and had challenges left when the panel was filled. State v. Dodson, 16 S. C. 453; Burrell v. The State, 18 Tex. 713; 3 Whart. Crim. Law, (7th ed.,) s. 3152. This is the better rule, though it is not universal. People v. Bodine, 1 Denio, 281.
The statute making it the duty of justices in the hearing of all «criminal cases to write…
2Cases cited2 opinions
- Burrell v. StateTexas Supreme Court · 1857
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by6 opinions
- State v. ReddingtonSouth Dakota Supreme Court · 1895
- Lattrell v. SwainSupreme Court of Vermont · 1968
- Jones v. SheaSupreme Court of Vermont · 1987
- State v. GreavesSupreme Court of Vermont · 1941
- State v. AlbanoSupreme Judicial Court of Maine · 1920
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