Legal Opinion

State v. Spencer

Supreme Court of New Jersey

Decided August 15, 1846PublishedCited by 15 opinions

The Clerk being about to call the panel of jurors returned for the trial of the prisoner, the Presiding Judge (Hoeakeowee, C. J.,) said that in view of difficulties and delays that had occurred ou former occasions, in consequence of a departure from the law of challenges to jurors, he felt it his duty to state that on the present occasion, so far as he was concerned, the court would be governed by the law of challenges, as it is found in books of acknowledged and…

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The Clerk being about to call the panel of jurors returned for the trial of the prisoner, the Presiding Judge (Hoeakeowee, C. J.,) said that in view of difficulties and delays that had occurred ou former occasions, in consequence of a departure from the law of challenges to jurors, he felt it his duty to state that on the present occasion, so far as he was concerned, the court would be governed by the law of challenges, as it is found in books of acknowledged and constitutional authority in this State. He would therefore state what he deemed to be the law of challenges in this State, so far…

1Opinion of the Court

After the evidence and summing up of counsel had been closed, the charge of the court was delivered to the jury by the Presiding Judge, who after staling the evidence of the fact, and defining the crime of Murder and its different, degrees as distinguished by the Statute law of New Jersey, on the subject of insanity and the proof of it, charged as follows:

I now come to that part of the cause which constitutes the main ground of defence in this case, namely, Insanity. This question, in the nature of things, is the first one for you to consider. For it'is of no consequence what circumstances…

2Cited by15 opinions

  1. State v. WorlockSupreme Court of New Jersey · 1990
  2. State v. SingletonSupreme Court of New Jersey · 2012
  3. Kahler v. KansasSupreme Court of the United States · 2020
  4. State v. WinderSupreme Court of New Jersey · 2009
  5. State v. NoelSupreme Court of New Jersey · 1926

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