Territory v. Lum Dim

Citations

• 23 Haw. 792
• 1917 Haw. LEXIS 25

Syllabus

<p>Jury — qualifications.</p> <p>The jury is a body oí roen foresworn to declare the facts of the case as they are proved from the evidence placed before them, and this means that the jury must declare the facts upon all the evidence and be willing to weigh all the evidence irrespective of its source.</p> <p>Same — same.</p> <p>In a criminal prosecution where the accused through his attorney relies upon the defense of insanity a jury is not impartial when one of its members has'expressed on his examination a determination to give no weight to the evidence of the insanity of the defendant at the time of the commission of the crime unless such evidence be that of a physician.</p> <p>Same — refusal to sustain challenges for proper cause.</p> <p>A refusal to sustain challenges for proper cause necessitating peremptory challenges on the part of the accused will be considered as prejudicial where the accused has been compelled subsequently to exhaust all his peremptory challenges before the final selection of the jury.</p>