Commonwealth v. Keeper of Philadelphia County Prison

Citations

• 76 Pa. Super. 98
• 1921 Pa. Super. LEXIS 94

Syllabus

<p>Criminal procedure — Habeas corpus — Remarhs of counsel ■■ ■ Withdrawal of furor — Judicial discretion.</p> <p>In the trial of an indictment for larceny, a court does not err in withdrawing a juror, where remarks are made in the hearing of the jury as to the criminal records of the defendants, which were not in evidence in the case. Under such circumstances, it is within the discretion of the court to withdraw the juror, because of the improper remarks of counsel, and the defense has no ground for complaint, particularly where a previous motion had been made by the defendant’s counsel for such withdrawal.</p> <p>The promotion of orderly and impartial trials and the protection of the lawful rights of the defendants must rest somewhat with the trial judge, and should not be made wholly dependent upon the trial maneuver of counsel on either side. A writ of habeas corpus is, therefore, properly refused, where the court exercises its discretion in safeguarding the impartial administration of justice by withdrawing a juror.</p>