Legal Opinion

State v. Fullerton

Court of Appeals of Kansas

Decided December 2, 1901PublishedCited by 8 opinions

Appeal from Mercer Circuit Court. — Hon. P. C. Stepp, Judge. (1) A juror who is not indifferent as to the result of the trial between the State and the defendant has such an interest as to disqualify him to sit upon the case. State v. Pauerle, 145 Mo. 1. Objections to competency of a juror are not confined to causes enumerated in statute. Copper-smith v. Railroad, 51 Mo.

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Appeal from Mercer Circuit Court. — Hon. P. C. Stepp, Judge. (1) A juror who is not indifferent as to the result of the trial between the State and the defendant has such an interest as to disqualify him to sit upon the case. State v. Pauerle, 145 Mo. 1. Objections to competency of a juror are not confined to causes enumerated in statute. Copper-smith v. Railroad, 51 Mo. App. 357; Thompson and Merriam on Juries, sec. 175. Members of association for suppression of crime in general, who contribute money for prosecution, are ineligible as jurors. Commonwealth v. Livermore, 4 Gray 18. (2) It is…

1Opinion of the CourtSmith, P. J.

The defendant was tried and convicted on an information based on section 3041, Revised Statutes. This appeal is brought here by defendant, who seeks a reversal of the judgment on three distinct grounds.

I. The examination of A. Knight, one of the jurors who tried the case, disclosed that he was a member of an organization known as the “Home Protection Alliance,” the object of which was especially to prosecute persons charged with the unlawful sale of intoxicating liquors and which organization had employed the witnesses for the State in the case, to come from St Joseph to Princeton and make…

2Cases cited3 opinions

  1. State v. WalkerSupreme Court of Missouri · 1888
  2. Preuit v. PeopleNebraska Supreme Court · 1877
  3. State v. ChamberlainSupreme Court of Missouri · 1886

3Cited by8 opinions

  1. Remus v. United StatesCourt of Appeals for the Sixth Circuit · 1923
  2. Blackwell v. StateSupreme Court of Florida · 1918
  3. State v. SiersWest Virginia Supreme Court · 1927
  4. State v. OliphantMissouri Court of Appeals · 1908
  5. Barnett v. St. Francis Levee DistrictMissouri Court of Appeals · 1907

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