State v. Phair
Supreme Court of Vermont
Indictment for the murder of one Anna Freeze, on the 9th of June, 1874, at Rutland. Plea, not guilty, and trial by jury, September Term, 1874, Wheeler, J., presiding.
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Indictment for the murder of one Anna Freeze, on the 9th of June, 1874, at Rutland. Plea, not guilty, and trial by jury, September Term, 1874, Wheeler, J., presiding. Upon the impaneling of the jury, John P. Sheldon, called as a juror, on being interrogated, answered that he supposed he had, from reading accounts of the transaction in newspapers, previously formed some opinion as to the guilt of the respondent, but did not think that he had ever expressed any opinion; that if he knew his own position, he thought he was not so prejudiced but that he could try the case upon the evidence given…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The first exception taken was to the denial of the court of the right of the prisoner to challenge certain of the jurors who were empanelled, for cause. The cause for challenge relied upon was, that the jurors were not impartial, and hence that they were not such jurors as the prisoner, under Article 10 of the constitution of the state, had the right to be tried by. The only evidence of partiality shown, upon which the right to challenge the juror John P. Sheldon could be predicated, was, that he admitted that he supposed he had, from reading…
2Cases cited4 opinions
- State v. WardSupreme Court of Vermont · 1867
- State v. ClarkSupreme Court of Vermont · 1870
- Boardman v. WoodSupreme Court of Vermont · 1831
- Welsh v. BarrettMassachusetts Supreme Judicial Court · 1819
3Cited by16 opinions
- Leonard v. WillcoxSupreme Court of Vermont · 1928
- State v. TatroSupreme Court of Vermont · 1878
- Barney's Admrx. v. Quaker Oats Co.Supreme Court of Vermont · 1912
- Griffin v. Boston & Maine RailroadSupreme Court of Vermont · 1913
- State v. StevensSupreme Court of Vermont · 1979
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