Lamb v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for Pierce County. The plaintiff in error, having been convicted of murder in said court, brought the case here for review on writ of error. One of the errors complained of was in the ruling of the court as to the manner in which the accused should exercise the right of peremptory challenge.
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ERROR to the Circuit Court for Pierce County. The plaintiff in error, having been convicted of murder in said court, brought the case here for review on writ of error. One of the errors complained of was in the ruling of the court as to the manner in which the accused should exercise the right of peremptory challenge. The first juror called having been examined on oath by the court, and held competent, the court ruled that as there was no ground of challenge for principal cause, the defense must exercise the right of peremptory challenge at once as to said juror, and thereafter as each juror…
1Opinion of the CourtRyan, C. J.
The right of challenge has always been held essential to the fairness of trial by jury. The common law *426has always, in all cases, allowed challenges to the array, and challenges to the polls for principal cause and for favor. These are intended to secure the integrity of the panel and the indifference of the jurors. But in trials for capital crimes, the mercy of the common law exceeded this just rule, to the end that, within reasonable bounds, the accused should not be held to accept a juror, apparently indifferent, whom he distrusted for any reason or for no reason. Except during a brief…
2Cases cited2 opinions
- State v. CameronWisconsin Supreme Court · 1850
- Schumaker v. StateWisconsin Supreme Court · 1856
3Cited by12 opinions
- JEB v. Alabama Ex Rel. TBSupreme Court of the United States · 1994
- Kerley v. StateCourt of Criminal Appeals of Texas · 1921
- State v. ArmingtonSupreme Court of Minnesota · 1878
- Santry v. StateWisconsin Supreme Court · 1886
- State v. HunterSupreme Court of Iowa · 1902
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