124 Iowa 230 | Iowa | 1904
J.. L. Knopp answered that he had read* the evidence-introduced on the former trial, and talked about it; that he had.an opinion as to “whether the defendant did or did not shoot Walter Boot,” and also as. to.-“whether he did or did. not tell-the truth when he testified that he-did not fire the, shot that ended Walter. Bo.ot-s-life ”; that the evidence would- have to be strong and - clear to overcome his opinion.;
The examination of Sam Lentz developed the fact that he entertained an unqualified opinion as to whether defendant shot Boot, and, to the question as to whether he understood that defendant was “ charged in this case with swearing falsely when he said he did not shoot Walter Boot,” answered in the affirmative.
The court, in overruling these challenges, seems to have acted on the theory that an unqualified opinion as to whether defendant had shot Boot did not disqualify the juror to serve in the perjury case. But that was the very issue being tried. The defendant had sworn that he had not shot him, and this testimony was alleged to have been false, for that he in fact shot him at the time and place stated. This was • precisely
' It is idle, in the face of this record, to say that the court could properly have assumed that some other shooting than that averred might have been understood as' having occasioned the death of Boot, for which. John was tried. The attorneys and jurors knew better, and the examination on voir dire informed the court. The case differs from those cited by the State in which an opinion as to some phase of a case not in dispute, or as to who killed deceased, where such killing was admitted, was held not to disqualify. See State v. Bryan, 40 Iowa, 380; State v. Thompson, 9 Iowa, 189; State v. Lawrence, 38 Iowa, 54. Here the opinion involved the very point at issue on the trial. What has been said disposes of the claim that the wording of the challenge was not sufficiently definite. That these jurors had fixed service as jurors, there can be no doubt. They insisted, upon and unqualified opinions, such as disqualified them, from their opinions as persistently as due courtesy to the .court would permit, and finally yielded a reluctant concession that they could deal with defendant justly. An opinion would: not be entertained, were it not thought correct, and very naturally its possessor deems it no impediment to the fair investigation of truth. This was the situation of these jurors. The court was right in asserting that the juror ought not to .decide whether he was unfit to serve, and yet seems to have relied on each juror’s admission that he pould decide.the case fairly, notwithstanding his repeated statements that he entertained a fixed opinion, as to whether the