Neely v. People
Illinois Supreme Court
Neely was tried at the September term, 1851, of the Stephenson Circuit Court, Sheldon, Judge, presiding, upon an indictment for committing a rape.
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Neely was tried at the September term, 1851, of the Stephenson Circuit Court, Sheldon, Judge, presiding, upon an indictment for committing a rape. On the calling of the jury, the' following named persons were drawn by the clerk of the court as jurors; and, being examined as to their competency, Peter Rue testified, that he had heard statements which he believed; and from those statements he had formed an opinion; that, if the evidence should turn out as he had heard, he had an opinion; that if the evidence should be different, he would be governed by the evidence in finding a verdict in said…
1Opinion of the CourtTreat, C. J.
We have no doubt about this case. It was held in Smith v. Eames, (3 Scam. 76,) that, if a juror has made up a decided opinion respecting the merits of the controversy, either from a personal knowledge of the facts, from the statements of the witnesses, from the relations of the parties, or from rumor, he is disqualified from trying the case, if challenged for cause. The rule was adhered to in the cases of Gardner v. The People, (3 Scam. 83); Vermum v. Harwood, (1 Gilm. 659); and Baxter v. The People, (3 Gilm. 368,) and must now be considered as the settled doctrine of this court. Applying…
2Cited by8 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Coughlin v. PeopleIllinois Supreme Court · 1893
- Neal v. United StatesCourt of Appeals for the Fourth Circuit · 1927
- State v. PattersonWashington Supreme Court · 1935
- Logan v. StateMississippi Supreme Court · 1874
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