Donovan v. People

Citations

• 139 Ill. 412
• 28 N.E. 964
• 1891 Ill. LEXIS 1229

Syllabus

<p>1. Jury—in a criminal case—right of examination on voi/r dñre. On the selection of a jury in a criminal case the court ordered twelve jurors into the jury box, and directed the State’s attorney to make such statement as he desired prior to their examination, and then asked counsel for defendant if they desired to make any statement, who answered in the negative. The court then examined four jurors in respect to their qualifications, whether they had read or heard of the facts, whether they knew the defendant or her attorneys, or had formed or expressed any opinion as to her guilt or innocence, or entertained any prejudice, or knew of any reason why they could not give the defendant a fair and impartial trial, but refused to allow her counsel to examine the jurors for cause, or for the purpose of determining whether they would exercise the right of peremptory challenge, except by the mouth of the court: Held, that the court erred in refusing defendant’s counsel the privilege of examining the jurors.</p> <p>2. The law gives the right to a peremptory challenge of jurors, to be exercised in the discretion of the party entitled, and the courts are not authorized to limit or restrict the right, or prescribe rules which shall render it unavailing. Such reasonable examination by counsel should always be allowed as will enable the court to see that the jurors stand indifferently between the parties, and are possessed of the requisite qualifications, and also to enable counsel to challenge for cause, if it exists, or to exercise the right of peremptory challenge, when in their judgment it is deemed necessary or advisable.</p> <p>3. The court may also examine the jurors, if he sees fit to do so; and if not otherwise satisfied of their competency or impartiality, should always make such examination as will satisfy him thereof.</p> <p>4. On the trial of one for crime, the defendant, through his counsel, has the right to ask pertinent and proper questions of the persons called