Leigh v. Territory of Arizona

Citations

• 10 Ariz. 129
• 85 P. 948
• 1906 Ariz. LEXIS 110

Syllabus

<p>1. Criminal Law — Juror—Qualifications—Opinion—Qualified—Unqualified — Kev. Stats. Ariz. 1901, Pen. Code, Seo. 910, Subd. 13, Seo. 915, Construed. — Under section 910, subdivision 13, supra, providing that a juror may be challenged for cause for the existence of a state of mind which will prevent him from acting with entire impartiality, and section 915, supra, providing that when a challenge is interposed for the above reason no person shall be disqualified by reason o£ having formed or expressed an opinion founded upon public rumor, statements in public journals, or common notoriety, provided it be a qualified opinion, and it appears to the court that the juror will act impartially, the existence of an unqualified opinion, derived from any source whatever, disqualifies the juror; but a qualified opinion, whether founded upon public rumor, statements in public journals, common notoriety, actual knowledge of the facts, or statements by a party or witness, does-not disqualify, if in the opinion of the court the juror can nevertheless act fairly and impartially.</p> <p>2. Same- — -Appeal—Juror-—Qualification—In Discretion of Court— When not Disturbed on Appeal. — The determination of the question whether or not a juror who has formed an opinion is able-to act impartially, is one which must be left largely to the wise-discretion of the trial court, and the determination of the trial court in that regard will not be disturbed on appeal, unless it appears, to be clearly erroneous.</p> <p>3. Same — Jurors—Competency—Opinions.—A juror in a criminal ease,. who stated that the opinion he had was formed upon what he heard about the case, that it was not a fixed opinion, but it would take-, evidence to remove it, and that he had not expressed a settled opinion of his guilt or innocence, as well as one who testified that he had not talked with the witnesses, but formed his opinion, on hearsay, that his opinion could be changed by evidence, and that, he did not know that he h