This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1913 Excerpt: ... formed and expressed an opinion," or be under
prejudice or bias. Noe v. S., 4 How. Miss. 330, 332. Each case so
depends on its circumstances as to exclude any absolute rule. But
in general terms, one is incompetent who would require evidence to
annul an opinion formed. Sam v. S., 13 Sm. 6 M. 189. Fugltt v. S.,
82 Miss. 189, 35 So. 942. Even though from rumor, it disqualifies
if evidence is required to remove it. Alfred v. S., 37 Miss. 296;
Ogle v. S., 33 Miss. 383. And see White v. S., 52 Miss. 216; Lee v.
S., 45 Miss. 114. An opinion from rumor does not disqualify if it
is not fixed, and no testimony would be required to remove it; but
one derived from hearing the witnesses on a former trial
disqualifies, even though the juror should claim that he is
unbiased and it would not influence his verdict. Logan v. S., 50
Miss. 269. Evans v. S., 87 Miss. 459, 40 So. 8. A juror found to
have formed an opinion may be set aside before either party has had
the opportunity to challenge him. Marsh v. S., 30 Miss. 627. And
see Sam v. S., 31 Miss. 480. One who has expressed an opinion may
be a juror If he swears that he can do justice notwithstanding his
prior impressions. Parker v. S., 55 Miss. 414; Whitehead v. S., 97
Miss. 537, 52 So. 259; light expression of opinion. Missouri.
Though by statute one is disqualified who "has formed or delivered
an opinion on the issue, or any material fact to be tried," still
an opinion from mere rumor, if it does not create prejudice or
bias, will not exclude him. Baldwin v. S., 12 Mo. 223; S. v.
Wilson, 85 Mo. 134; S. v. Reed, 89 Mo. 168, 1 S. W. 225; S. v.
Cunningham, 100 Mo. 382, 12 S. W. 376. And see Stoner v. S., 4 Mo.
368; S. v. Martin, 28 Mo. 350; S. v. Davis, 29 Mo. 391; S. v. Ross,
29 Mo. 32; S. v. Rose, 32 Mo....
|Country of origin:
Joel Prentiss Bishop
||246 x 189 x 9mm (L x W x T)
||Paperback - Trade
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!