State v. Melvin
Supreme Court of Louisiana
APPEAL from the First District Court of New Orleans, Robertson, J. It is contended that, when the prisoner has accepted a juror tendered to him by the State, and the juror is sworn, that juror becomes one of his judges and can not be taken from him. — He is one of a branch of the Court.
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APPEAL from the First District Court of New Orleans, Robertson, J. It is contended that, when the prisoner has accepted a juror tendered to him by the State, and the juror is sworn, that juror becomes one of his judges and can not be taken from him. — He is one of a branch of the Court. The State having once waived the right to enquire into the qualifications of a juror, upon the voir-dire examination, before presenting him to the accused, waives with it every objection which it might have urged to the juror. 2 Bay’s Rep. 155. Graham on New Trials. State v. Kennedy, 8 Rob. Rep. 596. In the…
1Opinion of the CourtSpoitokd, J.
xln unqualified verdict of guilty having been found against the prisoner, under an indictment for murder, he was sentenced to death.
Having appealed to this court, he seeks to reverse the sentence and to procure a new trial, for various alleged errors in the proceedings below.
W& are of opinion that the Act of May 29, 1846, authorising juries, in capital'cases, to qualify their verdicts, by adding “ without capital punishment, ” has not changed the pre-existing jurisprudence which held it to be good cause of challenge on the part of the State, in such cases, that the juror had conscientious…
2Cases cited1 opinion
- State v. KennedyLouisiana Court of Errors and Appeals · 1845
3Cited by14 opinions
- Winston v. United StatesSupreme Court of the United States · 1899
- Winston v. United States. Strather v. Same. Smith v. SameSupreme Court of the United States · 1899
- Hill v. StateNebraska Supreme Court · 1894
- United States v. PuffCourt of Appeals for the Second Circuit · 1954
- People v. SainzCalifornia Supreme Court · 1912
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