State v. McGraw
Idaho Supreme Court
APPEAL from District Court, Latah County. Simply because the juror, Marion Butler, was a client of the defendant’s attorney was no proper ground of challenge. (Idaho .Rev. Stats., see. 7834, sub. 2.) The statute concerning rape is unconstitutional and void. {Cohn v. Kingsley, 5 Idaho, 416, 49 Pac. 985; State of Idaho v. Baker, ante, p. 496, ••56 Pac. 81.) Appellant assigns as error that the court erred in excusing the juror Marion Butler.
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APPEAL from District Court, Latah County. Simply because the juror, Marion Butler, was a client of the defendant’s attorney was no proper ground of challenge. (Idaho .Rev. Stats., see. 7834, sub. 2.) The statute concerning rape is unconstitutional and void. {Cohn v. Kingsley, 5 Idaho, 416, 49 Pac. 985; State of Idaho v. Baker, ante, p. 496, ••56 Pac. 81.) Appellant assigns as error that the court erred in excusing the juror Marion Butler. Under section 7996 of the Revised Statutes, a copy of the minutes of a challenge interposed to an individual juror and the proceedings and decision thereon…
1Opinion of the CourtSullivan, J.
— The defendant was prosecuted by information for the crime of rape, convicted, and sentenced to imprisonment for a term of fifteen years. His motion for a new" trial was denied, and this appeal is from the judgment and order denying a new trial.
The first error assigned is, the court erred in excusing juror Butler on the ground that he was a client of the attorney for the defendant. Under subdivision 2, section 7834 of the Be-vised Statutes, a challenge for implied bias may be taken to a *637juror when such juror is a client of the opposing attorney. Counsel for appellant admits such relation…
2Cases cited1 opinion
- State v. GordonIdaho Supreme Court · 1897
3Cited by5 opinions
- State v. CypherIdaho Supreme Court · 1968
- McCorkle v. MalloryWashington Supreme Court · 1903
- State v. FondrenIdaho Supreme Court · 1913
- United States v. BakerU.S. Army Court of Military Review · 1976
- Nims v. GilmoreIdaho Supreme Court · 1910