Leach v. People

Citations

• 53 Ill. 311

Syllabus

<p>1. Junoits—competency, as to a pre-existing opinion. It has been held, that if a juror has made up a decided opinion on the merits of the case, either from a personal knowledge of the facts, from the statements of witnesses, from the relations of the parties, or either of them, or from rumor, and that opinion is positive, and not hypothetical, and such as will probably prevent him from giving an impartial verdict, a challenge for cause should be allowed.</p> <p>2. But where a juror says he has no prejudice or bias of any kind, for or against either party; that he has heard rumors in relation to the case but has no personal knowledge of the facts, and from the rumors has formed and expressed an opinion in a particular way, if they are true, without expressing any belief in their truth, he would not be disqualified. And this rule has been recognized in a capital case.</p> <p>3. Where it appears a juror has no fixed opinion in the case, but an opinion merely of a light and transient nature, such as is usually formed by persons in almost every walk of life upon hearing a current report, and which may be changed by the relation of the next person with whom he might come in contact, and which does not show a conviction of the mind and a final conclusion, and an opinion which, at most, is but hypothetical, a challenge on the ground that he has formed or expressed an opinion should not be allowed.</p> <p>4. Evidence—in a criminal case—upon a question of malice. Where a party was on trial for murder, one of the witnesses for the prosecution, on his examination in chief, testified that on the evening of the homicide, at the place where it occurred, but before its occurrence, he saw a knife in the prisoner’s bosom, who said if his hand was well he would strike some licks that night. On cross-examination, the defendant’s counsel asked the witness if he knew at the time that there had been a difficulty between the prisoner and another person, not the deceased? Held: if the ob