State v. Sheerin
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. Conviction for an assault with intent to murder. Defendant was tried before Pemberton, J. The eleventh subdivision of section 287, Criminal Practice Act, provides that if a juror state that he has formed or expressed an opinion as to the guilt or innocence of the accused, the court shall thereupon proceed to examine such juror as to the ground of such opinion, and if it appear to have been founded upon reading…
Read the full summary
Appeal from Second Judicial District, Silver Bow County. Conviction for an assault with intent to murder. Defendant was tried before Pemberton, J. The eleventh subdivision of section 287, Criminal Practice Act, provides that if a juror state that he has formed or expressed an opinion as to the guilt or innocence of the accused, the court shall thereupon proceed to examine such juror as to the ground of such opinion, and if it appear to have been founded upon reading newspaper statements, communications, comments, or reports, or upon rumor or hearsay, and not upon conversations with witnesses…
1Opinion of the CourtHarwood, J.
During the examination of jurors as to their qualification to sit in the trial of this action, defendant challenged one of them on the ground that he was disqualified because of having formed and expressed an opinion on the merits of the case, and, such challenge being overruled, defendant excepted, and assigns the ruling of the court as error. Upon examination, the juror stated that he had read what purported to be a statement of the facts involved in the case, “simply as a matter of current news;” that he had never heard anything else about the case; that he had formed and expressed an…
2Cases cited3 opinions
- Territory of Montana v. BrysonMontana Supreme Court · 1889
- State v. CroftTexas Supreme Court · 1855
- Territory of Montana v. MilroyMontana Supreme Court · 1889
3Cited by7 opinions
- State v. BuckleyMontana Supreme Court · 1976
- State v. MottMontana Supreme Court · 1903
- State v. MartinMontana Supreme Court · 1903
- State v. JuhreyMontana Supreme Court · 1921
- Peterson v. StateSupreme Court of Florida · 1899
2 more not listed; retrieve them via the Exa API.