State v. Perioux

Citations

• 107 La. 601

Syllabus

<p>Syllabus.</p> <p>1. A man, called as a juryman, answered, on his voir dire, to counsel for defense, he thought the man who committed the homicidal deed ought to he punished and that as goon as he heard of the case he formed that opinion. Challenged for cause, he was questioned by the court and answered he had no prejudice against the accused; as a juror, would decide the case according to the evi dence as given by the witnesses and the law as expounded by the court; no outside impression or opinion would influence him in his verdict. Meld, competent as a juror.</p> <p>2. The mere expression by a citizen of a just indignation on hearing of the death by violence of another, does not disqualify him from jury service in the case.</p> <p>3. It is objectionable for the defense to ash of jurors, on their voir dire, questions like the following: — “In a criminal prosecution, as a juror sworn to try a case and when forming your verdict, to whom would you give the benefit of the doubt — the State or the accused?” “If accepted on this jury would you give the benefit of any doubt created in your mind by the evidence to the accused and acquit him?” “Would that doubt have to be a very great one, or a reasonable one?”</p> <p>4. It is for the trial Judge, at the end of the trial, to charge the jury relative to the law of “ reasonable doubt,” and it is not to be supposed in advance jurors will decline to heed the charge so to be given, or will refuse to be instructed by the court.</p> <p>5. But in order to test the animus of a juror towards the accused, it may be permissible for the defense, first explaining or having the Judge explain the meaning of “ reasonable doubt,” its application to the case, and his duty to acquit should it exist, to ask the juror whether he would give the accused the benefit of such doubt.</p> <p>6. Evidence of threats made by the deceased a short time prior to the killing is not admissible until foundation therefor is laid by proof of an overt act showi