State v. Lattin

Citations

• 19 Wash. 57
• 52 P. 314
• 1898 Wash. LEXIS 317

Syllabus

<p>JURORS — QUALIFICATIONS — COMPETENCY — HOMICIDE — RELEVANCY OF EVIDENCE.</p> <p>Jurors must be householders, whether summoned on a regular panel or on an open venire to complete the panel, under Laws 1895, p. 139, providing that jurors summoned to serve on grand and petit juries shall be householders, and under Code Proc., § 339 (Bal. Code, § 4978), which requires a juror summoned on an open venire to have the same qualifications as if ¡he had been previously selected on the original list. ,</p> <p>Where a juror discloses on his examination that he has an opinion as to the guilt or innocence of the defendant, which it would take evidence to remove, and it does not clearly appear that he could nevertheless accord the defendant a fair and impartial trial, he is subject to challenge for cause.</p> <p>In a prosecution for murder to which the defense of justifiable homicide has been interposed on the ground that deceased made an assault with a pistol, which was afterwards found on the ground near where the killing occurred and introduced in evidence, the testimony of persons likely to know whether deceased ever owned the pistol is admissible for the purpose of establishing that deceased had never been seen with the pistol introduced in evidence.</p>