State v. Stewart

Citations

• 85 Kan. 404
• 116 P. 489
• 1911 Kan. LEXIS 84

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Change op Venue — Where Evidence of Prejudice is Conflicting Refusal Will Not be Reversed. A ruling refusing to grant an application for a change of venue because of the prejudice of the citizens of the county will not be reversed where the decision is based on conflicting evidence as to the existence of such prejudice.</p> <p>2. Jury — Impartial Jury Guaranteed by Constitution. The constitutional guaranty of an impartial jury and the statutory .provision that a juror may be challenged who has formed or expressed an opinion on an issue or material fact to be tried are intended to secure for a defendant a jury free from bias, prejudice or interest, and the fact that a juror who has read • a newspaper report of an offense may, in answer to questions, state that he has or has not an opinion is not necessarily -conclusive as to his qualification.</p> <p>.3. - What Constitutes a Disqualification. Whether what a juror calls an opinion disqualifies him is a question of fact to be determined from his appearance, manner, character of his answers, the form of questions to which his answers are .given, and the source of his information, and from these, and perhaps other things, the court is to determine whether his •opinion is fixed and positive or only a light impression, and if it appears that he is an unprejudiced man, whose opinion or impression is not fixed or positive, but is wholly contingent upon the truth or falsity of the report or rumor he has read or heard, he is not subject to challenge.</p> <p>4. - Qualification of Juror — Question for the Court. The finding of a trial court as to the qualification of a juror is reviewable like any other finding of fact based on evidence; and if, upon the evidence, the trial court decides that the juror is free from bias, prejudice or interest, and has no disqualifying opinion, its decision will not be disturbed on appeal unless disqualification appears as a matter of law or it is disclosed tha