Commonwealth v. McElhaney
Massachusetts Supreme Judicial Court
Indictment for murder. At the trial before Gray and Ames, JJ., at September term 1872, the defendant was informed by the clerk of the court that he had the right to challenge peremptorily twenty-two of the persons summoned as jurors.
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Indictment for murder. At the trial before Gray and Ames, JJ., at September term 1872, the defendant was informed by the clerk of the court that he had the right to challenge peremptorily twenty-two of the persons summoned as jurors. At this point, before exercising the right, and before offering to challenge any one, the defendant asked the court to have the statute questions relating to the disqualifications of jurors put to the persons summoned as jurors, or to put said questions to them and each of them, before he challenged any one peremptorily. But the court ruled that the defendant…
1Opinion of the CourtChapman, C. J.
The question when, in the course of a capital trial, is the right of the prisoner to challenge a person peremptorily, has been repeatedly considered by this court. In Commonwealth v. Knapp, 9 Pick. 496, the court allowed the challenge to be made after the juror had been examined on the voir clire. In Commonwealth v. Rogers, 7 Met. 500, it was held that under the Rev. Sts. o. 137, § 5, the right must be exercised before the statute questions put under c. 95, § 27, and <?. 137, § 6, respecting his bias, interest and opinions. That decision was in conformity with the language of the statute. The…
2Cases cited2 opinions
- People v. Justices of the SessionsNew York Supreme Court · 1799
- People v. Sessions of ChenangoNew York Supreme Court · 1796
3Cited by18 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. McNaryMassachusetts Supreme Judicial Court · 1923
- Fine v. CommonwealthMassachusetts Supreme Judicial Court · 1942
- Sylvester v. OlsonWashington Supreme Court · 1911
- Commonwealth v. SoderquestMassachusetts Supreme Judicial Court · 1903
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