State v. Hansford

Citations

• 76 Kan. 678
• 92 P. 551
• 1907 Kan. LEXIS 312

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Criminal Law — Discharge of Jury — Former Jeopardy. Where, after a jury called in a criminal case are sworn and testimony is introduced, the court learns and determines from an inquiry judicially conducted that a juror is prejudiced and unfit to sit in the case, and that the disqualification is such as would vitiate a verdict, the jury may be discharged and another jury impaneled to try the case, and the defendant will not be deemed to have been thereby twice put in jeopardy for the same offense.</p> <p>2. - Discovery of Prejudice of a Juror after Trial Has Begun — “Accident” Warranting a Discharge. The discovery and disclosure by the juror, after the trial was begun, that he entertained a prejudice growing out of an incident that occurred in his father’s family, which was revived in his mind by the 1 testimony given in the case and which unfitted him to sit as an impartial juror — something, too, which was not known and could not have been foreseen by the court, the parties or the counsel, was an “accident” within the meaning of that term as used in section 281 of the civil code (Gen. Stat. 1901, § 4728) and justified the court in discharging the jury from rendering a verdict.</p>