State v. Hoffman

It is a well-settled rule of law that, if a juror has formed or expressed an opinion previous to the trial to the effect that the defendant is guilty, or that he should be hanged, and conceals that opinion and the expression of it on his voir dire examination, and the defendant had no knowledge of it before trial, a new trial should be granted. (United States v. Upham, 2 Mont. 170; Territory v. Kennedy, 3 Mont. 520; State v. Mott, 29 Mont. 292, 74 Pac. 728; Territory v. Chartz, 4 Ariz. 4, 32 Pac. 166; Ellis v. Territory, 13 Okl. 633, 76 Pac. 159; State v. Swafford, 88 Wash. 659, 153 Pac.…