York v. State
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; Henry W. Wells and Antonio B. Grace, Judges; 1. Mere disbelief in capital punishment is not a ground of disqualification of a juror. Kirby’s Dig., § 2363, sub-div..7; 17 Am. & Eng. Enc. of E., 2d Ed. 1134, sub-div.
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Appeal from Dallas Circuit Court; Henry W. Wells and Antonio B. Grace, Judges; 1. Mere disbelief in capital punishment is not a ground of disqualification of a juror. Kirby’s Dig., § 2363, sub-div..7; 17 Am. & Eng. Enc. of E., 2d Ed. 1134, sub-div. “d;” 16 Ark. 579. The statute, supra, places disqualification to serve as a juror in a capital case on the sole ground of entertaining such conscientious opinions as will preclude the juror from finding the defendant guilty. 'There was neither legal nor discretionary ground for the court’s excusing the five jurors from the regular panel upon a mere…
1Opinion of the CourtBattue, J.
James York was indicted at the August, 1908, term of the Bradley Circuit Court for murder in the first degree committed by killing Homer McLain, and was tried in the Dallas Circuit Court, after a transfer of the cause to that court, on the 23d day of June, 1909, and convicted of voluntary. manslaughter, and his punishment was fixed at three years’ imprisonment in the State penitentiary.
In impaneling the jury to try the defendant the trial court caused the panel of twenty-four jurors, selected by jury commissioners, to serve at the- June, 1909, term, of the Dallas Circuit Court, to be sworn,…
2Cases cited8 opinions
- Benton v. StateSupreme Court of Arkansas · 1875
- Polk v. StateSupreme Court of Arkansas · 1885
- Mabry v. StateSupreme Court of Arkansas · 1888
- Stokes v. StateSupreme Court of Arkansas · 1902
- Caldwell v. StateSupreme Court of Arkansas · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Commonwealth v. ThompsonSupreme Court of Pennsylvania · 1937
- Bowman v. StateSupreme Court of Arkansas · 1909
- Randel v. StateCourt of Criminal Appeals of Texas · 1949
- Collins v. StateSupreme Court of Arkansas · 1912
- Washington v. StateSupreme Court of Arkansas · 1948
17 more not listed; retrieve them via the Exa API.