State v. Church
South Dakota Supreme Court
Error to circuit court, Codington county. Hon, J. O. Andrews, Judge. Indictment charging defendant with the offense of selling intoxicating liquors unlawfully. The defendant was convicted and brings error. The facts are stated in the opinion. When a juror has an opinion as to the guilt or innocence of a party being tried for crime which it would require evidence to remove, he should be excused if challenged.
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Error to circuit court, Codington county. Hon, J. O. Andrews, Judge. Indictment charging defendant with the offense of selling intoxicating liquors unlawfully. The defendant was convicted and brings error. The facts are stated in the opinion. When a juror has an opinion as to the guilt or innocence of a party being tried for crime which it would require evidence to remove, he should be excused if challenged. People v. Mather, 4- Wend. 229; White v. Moses, 11 Cal. 69; Stevens v. People, 38 Mich 739; People v. Cottle, 6 Cal'. 227; Collins v. People, 48111. 145; Gray v. People, 26 111. 344;…
1Opinion of the Court
Kellam J.
Plaintiff in error was convicted in the Coding-ton county circuit court of the crime of selling intoxicating liquors contrary to law. The case is here on writ of error.
In the formation of a trial jury, S. B. Donahue was • called as a juror. On examination as to his qualifications he testified that he knew what purported to be the facts in the case; that he had formed an opinion, founded mostly on newspaper reports, and still held it, that would “certainly” require evidence to remove, but that, in his opinion, he could, and would, if a juror, try the case fairly and impartially upon…
2Cases cited16 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- Branch v. FaustIndiana Supreme Court · 1888
- State v. BeckerSouth Dakota Supreme Court · 1892
- Balbo v. . the PeopleNew York Court of Appeals · 1880
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. ReddingtonSouth Dakota Supreme Court · 1895
- In re WatsonSouth Dakota Supreme Court · 1903
- State v. FlackSouth Dakota Supreme Court · 1958
- State v. Blue ThunderSouth Dakota Supreme Court · 1991
- State v. AlbertsonNorth Dakota Supreme Court · 1910
15 more not listed; retrieve them via the Exa API.