State v. Smith

Citations

• 74 Kan. 383
• 85 P. 1020

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Criminal Law — Opinion of a Juror — Challenge for Cause. Where in a criminal trial the examination of a juror upon his voir dire discloses that he has formed an opinion as to the existence of a fact material to be proven on the trial, and upon his belief of such fact has formed an opinion as to the defendant’s guilt, such juror should be excused from service upon a challenge for cause.</p> <p>SYLLABUS BY THE COURT.</p> <p>1. Jury and Jurors — Challenge for Cause — Question of Fact.— The trial provided for by statute (Gen. Stat. 1901, §§ 5647, 5648) of a challenge to a juror for cause is a summary hearing upon a question of fact, and the decision thereof is analogous to a finding of fact upon the decision of a motion.</p> <p>2. .- Finding Supported by Evidence — Supreme Court Not Bound Thereby. In such a case the ordinary rule of this court applicable to the determination of facts by a jury or court in the trial of the contested issues of an action — that it will not disturb such finding if supported by some evidence— does not obtain.</p> <p>8. - Opinion — Disqualification. In such summary hearing of a challenge to a juror on the ground of predetermined opinion, formed or expressed, the real question is whether the juror knows facts or has received information of facts which he believes to be true and from such facts has a settled conviction or opinion as to the issue or as to any material fact to be tried by the jury.</p> <p>4. - Review of Finding by Trial Court on a Challenge for Cause. On an appeal this court will review the evidence on such summary hearing, giving such weight to the finding of the trial court thereon as it appears entitled to, but will not disturb such finding unless satisfied that prejudicial error has occurred therein.</p>