Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 24

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ...The causes of such challenge are numerous, and dependent on a variety of circumstances; as that the uror challenged and the opposite party are in habits of great intimacy, or are partners in business, and the like. The question to be tried, in such case, is whether the juror stands altogether indifl'erent between the parties. In the nature of things, no rule can be laid down that will enable the triers, in every case, to determine with certainty, that the juror is or is not biased. It is not a question of law, but is matter of fact to be submitted to the common sense of the triers, who must find that the juror stands impartial, or they should reject him. The court may direct what evidence is admissible upon the question of indifference; but its weight and mfluence in proving the allegation of favor or bias, are for the triers alone to determine. Freeman ms. The People, 4 Denio 9; W'/tartan Grim. Law, 836, 843, 858. These rules of the common law have been modified, in some respects, by our statute (GouZd's Dig, chap. 52, sec. 52, et.seg.;) and this court, in Stewart vs. T he /State, supra, took occasion to indicate the extent of the modification, as also what was conceived to be the correct practice, under the statute, in reference to challenges to the polls. It is there said: "Construing this statute with reference to the common law, we think the correct mode of proceeding under it, as to challenges to the polls for cause, is that when a juror is presented, it is the duty of the court to inquire first of the attorney for the state, and then of the defendant, 'do you accept this juror, or do you challenge him?' If challenged for cause, the party should declare for what cause or causes he so challenges him....
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Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236994000
  • 9781236994004