State v. Tom
Oregon Supreme Court
Appeal from Linn County. The appellant was tried and convicted of the crime of rape, at the March term of the circuit court for Linn county.
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Appeal from Linn County. The appellant was tried and convicted of the crime of rape, at the March term of the circuit court for Linn county. George Klum was called as a juror, and being challenged for bias, in answer to the usual questions stated, “ that he had a fixed opinion as to the guilt or innocence of defendant; that it would take evidence to remove such opinion; that it was founded upon what he had read in the newspapers touching the accusation, and upon statements made to him by persons who professed to detail the facts.” The court denied the challenge. Lewis Cox was called as a…
1Opinion of the Court
By the Court,
Boise, J.:
The first question presented is as to the challenges of the jurors, George Klum and Lewis Cox, for actual bias. To disqualify a juror for actual bias, he must be shown to have a state of mind in reference to the action or party challenging, which satisfies the judge trying the cause, in the exercise of a sound discretion, that the juror can not try the issue impartially. (Code, sec. 183.) “But on the trial of such challenge for actual bias, although it should appear that the juror challenged has formed or expressed an opinion upon the merits of the cause, from what he…
2Cases cited1 opinion
- People v. McGeeCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by19 opinions
- State v. CampbellOregon Supreme Court · 1985
- State v. MoranOregon Supreme Court · 1887
- State v. HutchisonOregon Supreme Court · 1960
- Kumli v. Southern Pacific Co.Oregon Supreme Court · 1892
- State v. JacksonOregon Supreme Court · 1881
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