32 Tenn. 581 | Tenn. | 1852
delivered tbe opinion of tbe court.
At tbe February term, 1852, of tbe circuit court of Weakley county, Alfred and Anthony were indicted for tbe morder of their master, John Peck. The case was
The errors relied upon for a reversal, are said to exist in the judgments of the court, as to the competency of jurymen, and the admissibility of evidence on the trial. The sufficiency of the evidence to sustain the verdict, if legal, and the correctness of the charge of the court, are not controverted.
First, as to the jurymen. Thirteen cases are presented in the record, the last one, after the defendants had exhausted their seventy peremptory challanges, all of which, it is contended, were incompetent, according to the tests heretofore prescribed by this court, in various cases, and particularly in Moses vs. The State, 10 Humph., 456-460; and in 11 Humph., Moses vs. The State, 232. These being the most recent cases in which all the former decisions are reviewed, and the rules laid down well considered, the ruling of the court below, in this case, must be tested by them.
By these decisions, we consider it to be well settled, that the mere fact that a person has an opinion; “has made up his mind;” as to the guilt, or innocence of the prisoner, does not render him an incompetent juryman. The rule is, that it does disqualify him:
First: “Where it is formed upon his own knowledge of the facts, or a statement of them by the witnesses,- or others professmg to know the circumstances.
Secondly: Where the opinion is entertained, but from the examination, it is left doubtful whether it is formed as above stated, or not.
In the first case, it is considered, as stated by tbe court in the case in 10 Humph., 458, that this opinion is formed upon a rational ground of belief; but in the last, it can only be regarded as a vague impression, having no reasonable foundation to rest upon.
The reason for the distinction, is thus given by the court in that case: “In the former case, the juror will not be admitted, because the law supposes that his judgment may be improperly influenced, perhaps unconsciously, by the opinion which pre-occupies his mind, and that he is incapable of weighing the evidence with that perfect fairness and impartiality, which might reasonably be expected from one who enters the jury box, with no preconceived, fixed opinion. But in the latter case, there is no previous, fixed opinion, requiring the force of countervailing evidence to displace; and there is no sufficient reason to distrust the capability of the juror to do impartial justice to the accused.”
So, it will be seen, that it is well settled, both by, reason, and the positive rules laid down, that it is not the existence of an opinion, either way, which consti-. tutes the disqualification, but the grounds upon which it is formed; or, it might be speaking more correctly to say, that the law does not regard it as an opinion at all, unless it is based upon a knowledge, or reliable information of the facts.
Now, upon this part of the case, it only remains to be examined, whether, under these rules,, the circuit judge erred in deciding that the jurors in the present case, in view of the facts set forth in the bill of exceptions, were competent, and should be put to the prisoners..
“N. Pate stated that he had heard that Peck’s negroes had killed him, that • he believed it, and does now, and could not do otherwise, as he had the evidence of the country. And on the facts aforesaid he had formed an opinion, which he now entertains. That it was upon rumor he formed this opinion; that he has a bias upon his mind, and has had it ever since, from these circumstances.”
“G-. W. Simpson, that he had formed an opinion upon mere rumor; that the rumor was the common chat of the neighborhood, that Peck’s negroes had killed him; that he believed the rumor then and now, and upon it formed his opinion, which he now entertains.”
These are considered the strongest cases. If they were competent, all the others were clearly so. And we are of opinion that they were competent, and qualified jurors, according to the legal tests established by the decisions of this court in former cases, and set forth above in this opinion.
Pate had formed an opinion, then entertained it, and .had “ a bias upon his mind.” But he expressly states that this. opinion and bias, were produced by, and rested entirely upon “rumor,” upon “the evidence of the country.” That is, it was the general belief of the people that Peck’s negroes killed him, and on that account he believed it. Is not this the most vague and unsubstantial ground upon which an opinion could be based? Can it be for a moment supposed that it could have the weight of a feather upon the mind of any
In tbe case of Moses, 10 Humph., in which tbe court go a step beyond any previous case, and establish a new rule, or rather a qualification of tbe old one, to-wit: that if it be doubtful, from tbe examination, whether the opinion is formed on rumor or not, the juror should be rejected; the juror was asked by the court “if his information was from any of the witnesses, or persons who knew the facts; ” and he said he “ did not know, or even know the witnesses in the cause.” Although he had first said he had from rumor formed his opinion, yet, when he came to be further examined, he said he did not know, but left it to be inferred that he might have heard the witnesses. So, it was upon this uncertainty as to the grounds of his opinion that he was declared incompetent. But here, there is no uncertainty. The juror expressly declares that “it was from rumor he formed this opinion.” He says, in effect, he could not do otherwise than believe that Peck’s negroes killed him, because such was the general belief of the country. Not that he had heard any of the circumstances, or what evidence existed, or whether any, but that it was so rumored and reported in that neighborhood, and therefore, he believed it. y
An opinion thus formed, we can only regard as a mere hypothetical opinion, or vague impression, having no reasonable foundation to sustain it, and not at all calculated to prevent a free investigation of truth, and the render
To tbe other juryman, there can be no objection, unless it be that the opinion formed from rumor “ be now entertains.” We do not believe that tbe fact that the opinion is still entertained, makes any difference. That is not incorporated as an element in tbe rule. It is immaterial whether the opinion has been changed, or still remains, provided it is formed on mere rumor. It is not regarded by the law as an opinion, but a mere impression which will present no obstruction to the force of evidence and power of truth.
We think that this court has heretofore gone far enough for all the purposes of justice, in granting new trials, upon objections of this kind, to the action of circuit judges, and we are not disposed to make the tests more stringent. Yet, we do not disapprove, or intend to depart from the rules which have been settled in former cases, as we understand and now explain them. The constitutional right of every citizen, to have “ a speedy public trial by an impartial jury,” should be carefully guarded, and firmly sustained by the courts. It must not be infringed, on any account. The most perplexing difficulties have arisen on this subject, in the empannelling of juries. It is often exceedingly difficult to apply airy rule which will enable the judge to clearly draw the line, between an opinion which will leave the juryman partial and biased, inclined to one side, and that which is so insubstantial as' to leave him “impartial,” and capable of weighing the evidence in even scales, and forming a fair and impartial judgment. To free the subject, as far as possible, of its inherent difficulties, the rules before stated, have been established upon great consideration, in
The second question raised, is upon the admissibility of evidence, as to the confessions of the defendants.
It is not controverted by the Attorney General that the confessions made previous to the investigation before the committing court, were attended by such circumstances, as to render them incompetent. So ruled the court below, and the only objection is, that they were permitted to go to the jury. We cannot sustain this objection. The court expressly stated to the jury that the evidence was illegal and must not be regarded by them. But confessions of the defendants were taken down by the committing magistrate, on their examination before him, and this was admitted as evidence to the jury against the objection of defendants’ counsel. Was this legal evidence?
By the act of 1115, ch. 10, § 1; Oar. & Nich., 426, it is made the duty of the magistrate to “record the examination of the party” who is brought before him on any criminal charge, as well as “the full matter given in evidence both against and for him, with all concurring circumstances. * which examination so taken shall be returned to the office of the court wherein the matter is to be tried under the penalty,” &c. Bor what purpose is this required to be done? It cannot be used as evidence for him, unless it is made so by the State, as we decided at last term at Nashville, in the case of Nelson vs. The State, because he cannot be allowed to make evidence for himself. But if he be cautioned by the magistrate that whatever he may say may be used against him, and
The statutes of 1 and 2, Phil, and Mary, ch. 13, § 4; and the 2 and 3, of the same, ch. 10, are very similar to our act of 1715, on the same subject. The practice of the English courts, under those acts, as set forth in 1 Chitty’s Crimi. Law, 75 to 88, sustain the positions we now lay down, as the law of this State.
In the case before us, we think the confessions were freely and voluntai’ily made, under, proper cautions from the examining justice, and written down in due form. They were properly admitted as evidence to the jury, and were amply sufficient to establish the guilt of the prisoners, beyond all doubt. There is no conflicting evidence; nothing to impair their force, or to excite the least suspicion of their truth.
There being, then, no error in the proceedings, and judgment of the court below, we affirm them.