Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 149

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 149

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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. 1898 edition. Excerpt: ...very much better able to determine the meaning of the juror than any one who merely reads the questions and answers after they are reduced to writing. What may appear uncertain or indefinite to one reading the record may have been plain and clear to one who heard the examination of the juror, and saw his manner and conduct during such examination. For this reason this court cannot interfere with the determination of the trial court of the question concerning the qualifications of jurors, merely because the answers of the juror are or seem to be inconsistent or incoherent. It was said by this court in Walker v. State, 102 Ind. 502, on p. 505: "Persons called to serve as jurors are often confused by the incisive and inquisitorial nature of the questions addressed to them touching their qualifications to act in that capacity, and, under a confusion thus induced, frequently give inconsistent, and even incoherent, answers. It is consequently, both just and reasonable that the judge who presides at the trial should be permitted to exercise large discretion in determining the weight and relative importance given to such answers." In (hletig v. State, 66 Ind. 94, which was decided before the enactment of the present statute, which gives the court a larger discretion, this court in speaking of the influence of rumors and hearsay evidence upon the mind of a juror, said: "In the case before us the qualified opinion of each juror objected to wa formed upon hearsay evidence or newspaper reports, not upon facts known to the juror, and was evidently of a character that would readily yield to the contrary evidence. It does not seem probable to us that it could have affected the opinion of the juror with all the evidence before him in...show more

Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236798570
  • 9781236798572