State v. Morea
Supreme Court of Alabama
Questions referred by the Circuit Court of Cherokee County. The prisoner was indicted for murder. The facts of the case, so far as applicable to the questions referred, are these: When the jury was about to be sworn, one Weakly was called as a juror, and answered on his voir dire, that he had formed, but not expressed an opinion, as to the guilt or the innocence of the'prisoner.
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Questions referred by the Circuit Court of Cherokee County. The prisoner was indicted for murder. The facts of the case, so far as applicable to the questions referred, are these: When the jury was about to be sworn, one Weakly was called as a juror, and answered on his voir dire, that he had formed, but not expressed an opinion, as to the guilt or the innocence of the'prisoner. This opinion was not formed from conversa-jtjqujwith any of the witnesses in the case, nor did the witness jknofoywho the witnesses were. A list of the witnesses endors-‘edfcm the indictment, was then read to him, but…
1Opinion of the Court
GOLDTHWAITE, J:
1. It would have been irregular to stop the trial, for the purpose of substituting a juror in the place of Weakly, even if the opinion formed by him, had ever been expressed. The prisoner was not deceived; for he knew from the previous examination of the juror, that some opinion had been formed by him, and might have challenged peremptorily. Instead of doing this, he accepts the juror, who is sworn in chief. All the authorities concur in the opinion, that when a juror is once sworn, he cannot be afterwards challenged for a cause which existed at the time when he was put on the…
2Cases cited1 opinion
- State v. WilliamsSupreme Court of Alabama · 1831
3Cited by32 opinions
- Commonwealth v. CostleyMassachusetts Supreme Judicial Court · 1875
- Tidwell v. StateSupreme Court of Alabama · 1881
- Bales v. StateSupreme Court of Alabama · 1879
- McGuff v. StateSupreme Court of Alabama · 1889
- Bowles v. StateSupreme Court of Alabama · 1877
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