83 So. 754 | La. | 1920
The defendant, appellant was convicted of the crime of grand larceny and sentenced to imprisonment in the penitentiary.
He reserved six bills of exceptions to the rulings of the district judge, but has abandoned all except two of the bills.
The other bill of exceptions was reserved to the overruling' of defendant’s challenge of a juror for cause. The objection to the proposed juror was that he admitted, when examined on his voir dire, that he had a fixed opinion which could only he overcome by “a whole lot of evidence” for the accused.
“Q. Do I understand you to say that if you were taken as a juror on this case, and heard the same testimony that you have already heard, you would not change the opinion that you now have?
“A. I did not hear the testimony directly from the witnesses, but I heard testimony from some one who got it from a witness.
“Q. Then, if a witness were to take the stand and testify - according to the rumor that you have, heard, you would decide the case upon his testimony alone?
“A. Practically; it would take a whole lot of testimony to offset the opinion that I now have.
“Q. Tour opinion is so firm and fixed on what you have heard already that it would take considerable evidence to remove it?
“A. Tes.
“Q. From what you have already heard, is it not a fact that you are prejudiced one way or the other?
“A. It is not prejudice, but I have a fixed opinion.
“Q. Have you not an impersonal prejudice one way or the other; in other words, have you not a prejudice either for conviction or acquittal?
“A. I have my mind made up; it is bound to be one way or the other.
“Q. Have you not spoken a good .deal about this matter?
“A. I have discussed it.
“Q. In your discussion of the matter, have you not expressed an opinion as to the guilt or innocence of the accused?
“A. Tes, because I have my opinion.
“Q. Then, you have a fixed opinion. The sum and substance of your testimony is that you have a fixed opinion?
“A. Tes, it could be offset, but I have a fixed opinion.
“Q. It would take considerable evidence to offset your opinion?
“A. Tes.
“Q.- Have you discussed the case with Mr. Plauche in the bank?
“A. We might have discussed it, because we work together, ■ and practically every man in town has discussed it.
“Q. Tou discussed this ease as if it was a new thing to steal cotton?
“A. No.
“Q. Did you discuss it with Mr. Plauche in the bank?
“A. I think we talked about it, and I think we talked to you about it.”
Then the judge propounded the following questions, and obtained the following answers, viz.:
“By the Court:
“Q. Tou say you have heard a great deal of talk about the case, and from that talk that you have heard you have formed an opinion?
“A: Tes, sir.
“Q. Would that opinion yield to the evidence?
“A. It would take a whole lot.
“Q. Would your opinion yield to the evidence?
“A. Tes.
“Q. Tou feel in your own mind that you could go in the jury box and do justice between the state and the accused?
“A. Tes.
“Q. Then, you feel that you could do justice between the state and the accused?
“A. Sure, if he came with enough evidence to offset what I heard.
“Q. Do you feel in your own mind that you are disqualified for service on this jury?
“A. I would rather let somebody else serve.
“Q. Tou do not feel that you are a competent juror in this case; on your oath, you say this ?
“A. I can’t say that; but, as I said, it would take a whole lot of evidence to offset my opinion.”
The ruling of the district judge in this case cannot be reconciled with the ruling of this court, on a similar statement of facts, in the case of the State v. McCoy, 109 La. 682, 33 South. 730.
The verdict and sentence appealed from are annulled, and it is ordered that this case be remanded to the district court for a new trial.