Legal Opinion

State v. Vogan

Supreme Court of Kansas

Decided July 15, 1895No. 10325PublishedCited by 3 opinions

Appeal from Ness District Court. At May term, 1895, of the district court of Ness county the defendant was convicted of the crime of rape upon the person of Matilda Hirschler, a female under the age of 18 years, and he was sentenced to the penitentiary for a term of five years.

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Appeal from Ness District Court. At May term, 1895, of the district court of Ness county the defendant was convicted of the crime of rape upon the person of Matilda Hirschler, a female under the age of 18 years, and he was sentenced to the penitentiary for a term of five years. E. H. Ebert, being called as a juror, was examined on his voir dire, and stated, among other things, that he had heard the case talked about on several occasions, the first time being by the county attorney in consultation with the county commissioners when the supposed facts were related; at other times he heard the…

1Opinion of the Court

The opinion of the court was delivered by

Martin, C. J.: I. We are of opinion that E. H. Ebert was not competent as a juror. He had heard the county attorney and several other persons discuss the supposed facts, and had related them himself. He entertained very erroneous and deep-seated views respecting his duties as juror in the case, and these were probably strengthened by the overruling of the defendant’s challenge for cause. The constitution guarantees to every person charged with crime a trial by an “impartial jury,” and, as the defendant exhausted all his peremptory challenges, the error…

2Cases cited3 opinions

  1. State v. GrubbSupreme Court of Kansas · 1895
  2. State v. BrownSupreme Court of Kansas · 1875
  3. State v. LewallenSupreme Court of Kansas · 1895

3Cited by3 opinions

  1. State v. GoreSupreme Court of Missouri · 1922
  2. Atchison, Topeka & Santa Fe Railroad v. ChanceSupreme Court of Kansas · 1896
  3. State v. SwartzSupreme Court of Kansas · 1912

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