Dilworth v. Commonwealth
Supreme Court of Virginia
John Dilworth was indicted in the Circuit court of Harrison county, for the murder of Addison Bumbg-ardner. When the trial came on, William Flanagan was called as a juror, and was sworn and tried on his voir dire; and stated that he had not made up or expressed any opinion as to the guilt or innocence of the prisoner, and proved himself free from exceptions ; and was thereupon placed upon the panel of twenty-four.
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John Dilworth was indicted in the Circuit court of Harrison county, for the murder of Addison Bumbg-ardner. When the trial came on, William Flanagan was called as a juror, and was sworn and tried on his voir dire; and stated that he had not made up or expressed any opinion as to the guilt or innocence of the prisoner, and proved himself free from exceptions ; and was thereupon placed upon the panel of twenty-four. The first day was consumed in obtaining a jury, and directly it was impaneled and sworn, and before any testimony was introduced, the court adjourned until the next day. On the next…
1Opinion of the CourtDanish, J.
It is' well settled that it is a principal cause of challenge to one called as a juror on a trial for felony, that he was of the grand jury who found the' indictment against the prisoner. 21 Vin. Abr. Trial, 253; Coke Tit. 156 b; Herndon v. Bradshaw, 4 Bibb’s R. 45; Barlow v. The State, 2 Black. R. 114; Hunter v. Matthews, 12 Leigh 228.
The juror Flanagan is in that predicament ; and it is urged on behalf of the prisoner, that sentence has been pronounced against him without his ever having *enjoyed the right to a trial by a jury free from exception ; whilst on behalf of the prosecution it is…
2Cases cited3 opinions
- Commonwealth v. JonesGeneral Court of Virginia · 1829
- Curran's CaseSupreme Court of Virginia · 1850
- Commonwealth v. FlanaganSupreme Court of Pennsylvania · 1844
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- Myers v. ClearmanSupreme Court of Iowa · 1904
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