Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 28

Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 28

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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. 1878 edition. Excerpt: ...was tried, the juror told him that from the best information he could get he was of the opinion that the defendants ought all to be hung for the offence wherewith they were charged. The affidavit of Benjamin Belyew shows that the same juror, three or four months before the trial, told him that the defendants ought to or would be punished for the offence, from what he was informed. If these two witnesses speak the truth, and there is no reason to doubt them, then the juror William Shelton was not an impartial juror, but must have gone upon the trial of the case with a preconceived opinion of the guilt of the prisoners, and he must have gone on the trial with bad motives, for he was examined upon the voir dire with a view to his chal lenge propter ajfectum, and denied that he'had formed such an opinion. In the case of McLain v. The State, 10 Yerg. 241, it is said by the court: "The trial by jury has always, in England and in this country, been considered of such vital importance 421 to the security of the life, liberty, and property of the citizen that great care has been taken to preserve it uni-mpaired. _ That the accused may have the full benefit of a judgment by his peers it is absolutely necessary, first, that the minds of the jurors should not have prej udged his case; second, that no impression should be made to operate on them except what is derived from the testimony given in the court; and. third, that they should continue impartial and unbiased. These objects can only be attained by selecting those who have no preconceived opinions as to the guilt or innocence of the prisoner, and by not permitting them, after they have been sworn, to separate from each other and mingle with the rest of the crowd." A new trial, then, ...
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Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • English
  • Illustrations, black and white
  • 1236985494
  • 9781236985491