28 Kan. 321 | Kan. | 1882
Lead Opinion
The opinion of the court was delivered by
The defendant in this case was prosecuted, convicted and sentenced in the district court of Leavenworth county for murder in the first degree, and he now appeals to this court. The person alleged to have been killed and murdered was William N. Waddell. The defendant claims that the court below erred in overruling his challenge made for
Upon all these facts and circumstances, did the court below commit material and substantial error in overruling the-defendant’s challenge of said juror for cause? The question is, perhaps, a close one. The defendant claims that the question is decided by the case of The State v. Brown, 15 Kas. 400; but we do not think that it is. In that case no-such concessions were made by the defendant’s counsel as were made in the present case; and such concessions, we think, make a very great difference in the case. . Except for such concessions, the ruling of the court below would unquestionably be erroneous; for in this state, a defendant in a criminal action is entitled to have his case tried by an impartial jury. (Constitution, Bill of Rights, §10.) And certainly where a person is charged with murder in the first degree, and one of the jurors is “convinced” before he has-heard the evidence, that the defendant killed the deceased, and.is convinced to such an extent “that it would require'a great deal of evidence to remove this conviction,” such juror is not an impartial juror. Besides, § 205 of the criminal
The defendant also claims that the court below erred in its instructions. We think it is true that some of the instructions are open to criticism, but we do not think that any of them are materially and substantially erroneous. It is easy to perceive from the tone of the instructions that the court below believed that the defendant was guilty of the offense charged in the information and that he ought to be convicted; but the court at the same time told the jury that they were the exclusive judges of all questions of fact. Besides, the evidence so clearly and conclusively, showed that the defendant was guilty as charged in the information, that the court below would not have committed any error if it had told the jury in direct terms that it believed that the evidence was sufficient to warrant a conviction. The defendant admitted that he killed the deceased, and his only ground of defense was that he did it in self-defense; but he made out so weak a case in favor of the theory that the killing was done in self-defense that the court would probably have been justified in
We think no material error was committed in this case, and the judgment of the court below will be affirmed.
Concurrence Opinion
I concur in the opinion that the trial court did not commit any material or substantial error in overruling the defendant’s challenge of the juror for cause, but do not assent to all of the language of the opinion.