Legal Opinion · Concurrence

State v. Rush

West Virginia Supreme Court

Decided November 26, 1929No. 6615Published

1ConcurrenceMaxwelii, Judge

T concur in the result, but I do not concur in certain features of the opinion. When it appeared on voir dire that two of tbe jurors were related to certain depositors m The Peoples Bank of Buekhannon, the court carefully interrogated each as to whether or not, because of such relationship, he entertained any prejudice against the defendant. Each answered unequivocally in the negative. Assuming that they were honest men, their answers must be taken as true, unless it can be fairly said that the circumstances were such as to create unconscious prejudice in their minds. I am unable to take the…

2Cases cited3 opinions

  1. State v. ToneyWest Virginia Supreme Court · 1925
  2. State v. KochWest Virginia Supreme Court · 1915
  3. Shinn v. CommonwealthSupreme Court of Virginia · 1879

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