Davis v. Hunter
Supreme Court of Alabama
Writ of error to the Circuit Court of Dallas. Tkespass by Hunter against Davis, for killing a slave. At the trial the defendant claimed a struck jury under the statute. [Clay’s Dig. 459, § 52.] Accordingly a list of twenty-four jurors, then in attendance on the Court, was furnished to each of the parties. When their lists were furnished the plaintiff claimed the right to purge the pannel for cause, by asking the questions contained in section 3S, page 457, Clay’s Digest.
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Writ of error to the Circuit Court of Dallas. Tkespass by Hunter against Davis, for killing a slave. At the trial the defendant claimed a struck jury under the statute. [Clay’s Dig. 459, § 52.] Accordingly a list of twenty-four jurors, then in attendance on the Court, was furnished to each of the parties. When their lists were furnished the plaintiff claimed the right to purge the pannel for cause, by asking the questions contained in section 3S, page 457, Clay’s Digest. This was allowed, and the plaintiff excepted. One of the jurors named in the lists, was so examined before the plaintiff…
1Opinion of the CourtGoldthwaite, J.
— The questions raised in this case involve to some degree the construction of the 3Sth and 52d sections of the chapter of the Criminal Code relating to grand and petit jurors. The first of these provides, that in civil cases the Court shall on motion of either parly, examine, on oath, any person who is called as a juror therein, to know whether he is related to either party, or has any interest in the cause, or has expressed or formed any opinion, or is sensible of any bias or prejudice therein; and the party objecting to the juror may introduce any competent evidence in support of the…
2Cited by8 opinions
- Leith v. StateSupreme Court of Alabama · 1921
- Dothard v. DensonSupreme Court of Alabama · 1882
- Sovereign Camp W. O. W. v. WardSupreme Court of Alabama · 1916
- State v. BurnsSupreme Court of Missouri · 1884
- Gandy v. StateNebraska Supreme Court · 1889
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