State v. Elliott

The opinion of the Court was delivered by

Mr. Justice Bonham.

It is with reluctance that I disagree with the opinion in this case, written by Mr. Justice Carter. My disagreement is based upon one issue alone,, but it is one of vital importance, not only to the appellant but to the orderly, legal, and constitutional administration of the law. The Constitution of the State, Article 1, § 18, guarantees to every person accused of crime, trial by an impartial jury. It is a right of grave importance, and should not be violated from any conviction of the guilt of the person in whose trial the issue…