13 N.Y.S. 767 | N.Y. Sup. Ct. | 1891
The defendant was charged by the first count of an indictment with the taking, harboring, and receiving for the purpose of sexual intercourse a female named Lizzie Scott, not his wife, and under the age of 16. By the second count he was charged with taking, harboring, and receiving for the purpose of prostitution the said female. This last count was withdrawn on the trial, and the gase was submitted to the jury upon the first count only. The defendant is a Chinaman. He owned a laundry in Providence, R. 1. He had married a white woman, who was a dressmaker by trade, and resided in New York city. Her husband was in the habit of coming at intervals to see her, and she in like manner went to Providence to see him. Lizzie Scott lived in Providence, and resided with her mother, and was between 14 and 15 years of age on the day mentioned in the indictment as the date of the crime charged. She had been acquainted with the defendant
There is a further objection made to the ruling of the court in overruling the challenge to the juror who said that he had not only formed an opinion as to the guilt or innocence of the defendant from what he had read in the newspapers, but he believed it would require strong evidence to remove that opinion. If the examination of the juror had remained here undoubtedly the challenge should have been sustained. But in his cross-examination he stated—which no doubt was the fact—that if he did not hear further evidence on which he could rely he would keep the same opinion; but he thought his information from reading would not affect his judgment; that he would try to forget what he had read, and rely on the testimony; and that he believed his opinion or impression would not influence his verdict, and that he could render an impartial verdict on the evidence. And upon further examination by defendant’s counsel the witness said: “Of course, I have an opinion now which it would require evidence of a strong nature to remove. I would enter the case with an opinion. As the case progressed I would still have an opinion until I received evidence to the contrary.” And in answer to a question from the court he said that if he went into the jury-box, and did not hear any evidence at all, he would not convict on that opinion, because it might be false, for all he knew, and that he knew he would be bound by the proof as furnished by the witnesses; and finally, upon being asked the question, “Can you then decide upon the testimony you hear in court uninfluenced by anything else whatever?” the juror answered, “I believe I would.” We think under the provisions of the Code of Criminal Procedure the court was justified in overruling the challenge and accepting the juror, he having declared on oath that the opinion or impression which he had would not influence the verdict, and that he would decide the question involved upon the evidence, uninfluenced by anything else whatever. The judgment should be affirmed.
All concur.