New Criminal Procedure Volume 2; Or, New Commentaries on the Law of Pleading and Evidence and the Practice in Criminal Cases (Paperback)

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....