134 Ind. 35 | Ind. | 1898
The appellant was indicted in the circuit court for murder in the second degree. There was a trial by jury, and a verdict of guilty of voluntary manslaughter, assessing appellant’s punishment at twenty-one years’ imprisonment in the State prison. Having overruled appellant’s motion for a new trial, the court rendered judgment on the verdict.
The fourth assignment of error here, namely, that the court erred in overruling appellant’s motion for a new trial, is the only one argued in appellant’s brief; indeed, the other errors assigned are embraced in this one. It is assigned as one of the grounds for a new trial that the trial court overruled appellant’s challenge of several jurors for cause.
One James Hannon testified as a witness on behalf of the State. Both the witness Hannon and the deceased Blount were inmates of the Eastern Hospital for the Insane, situate in the county of Wayne. Appellant was an employee there as an attendant. Hannon claims to have been an eye witness to the whole transaction resulting in the death of Blount; as such witness, he gives a detailed account on the trial of all the facts and circumstances, some of which are horrifying. These same facts he had, previous to the trial and soon after the death of Blount,
Four of these jurors, namely, Elliott, Timberlake, Hatfield, and Roller, were peremptorily challenged by appellant' after his challenge of them for cause had been overruled; the peremptory challenge was sustained, and the four jurors last named did not serve; the others did serve in the case.
It appears, also, in the record, that when the jury were sworn to try the cause, appellant had exhausted all the peremptory challenges to which he was entitled under the
Our criminal code of 1881 contains a new provision, one never before found in the criminal code of this State, touching the qualification of jurors in criminal cases. The third subdivision of section 1793 reads thus: “But if a person called as a juror state that he has formed or expressed an opinion as to the guilt or innocence of the defendant, the court or parties shall thereupon proceed to examine such juror on oath as to the ground of such opinion; and if it appear to have been founded upon reading newspaper statements, communications, comments, or reports, or upon rumors or hearsay, and not upon conversations with witnesses of the transaction, or reading reports of their testimony, or hearing them testify; and the juror state on oath that he feels able, notwithstanding such opinion, to render an impartial verdict upon the law and evidence, the court, if satisfied that he is impartial and will render such verdict, may, in its discretion, admit him as competent to serve in such ease.”
We are referred to Guetig v. State, 66 Ind. 94, as sustaining the ruling of the trial court in overruling the challenge of these jurors for cause. That case might be sufficient to sustain the ruling, but it was decided under the criminal code of 1852, containing no such provision as the one above quoted. That statute read as follows: “When the jurors are called, each may be examined on oath by either party, whether he has formed or expressed an opinion of the guilt or innocence of the defendant, and upon such examination and other questions put by leave, the court may determine upon the competency of
Let us inquire, then, what was the evil this new provision was intended to remedy? It unquestionably was the evil of permitting, in any criminal case, a juror to serve who had formed an opinion as to the guilt or in
It is conceded on both sides that this court correctly construed the statute in question in Dugle v. State, 100 Ind. 259, where it is said: “But we have never gone to the extent of holding that it is within the discretion of a nisi prius court to admit a person, over proper .objection, to serve as a juror in a criminal cause, when he has either formed or expressed such an opinion from having heard witnesses testify in a preceding trial of the same cause, or from having read reports of the testimony of, or having had conversations' with, witnesses to the transaction.”
But it is contended, with much learning and research on behalf of the State, that the challenged jurors were not disqualified under that statute, because their opinions
The able briefs of counsel on both sides, and the admirable skill of the reporter and clerk in the preparation of the voluminous mass of record have been of great assistance to us, and we are made thereby to feel all the safer to proceed to the determination of the questions involved.
“In the construction of statutes, where the meaning is doubtful and uncertain, the courts may look to the situation and circumstances under which the same were enacted; other statutes beariqg upon the same subject, whether passed before or after, and whether in force or not, as well as the history * * and general condition of the country.” Stout v. Board, etc., 107 Ind. 343; May, Exec., v. Hoover, 112 Ind. 455; Hunt v. Lake Shore, etc., R. W. Co., 112 Ind. 69.
Counsel for appellee have cited a large number of decisions of this court holding that the word “testimony” has reference to, and means, that class of evidence that is delivered by a witness before a judicial tribunal, as contradistinguished from all that class of evidence not so delivered; and hence they contend that the Legislature “intended to restrict the statute in question to viva voce statements of witnesses before a judicial tribunal,” and therefore that it does not disqualify the challenged jurors, because their opinions were not founded on reading reports of Hannon’s testimony, but on reading his affidavit
In City of Evansville v. Summers, 108 Ind. 189, this court said, quoting from another case, with approval, that: "It is a settled rule of interpretation of statutes, that the application of the words of a a single statute may be enlarged or restrained to bring the operation of the act within the intention of the Legislature, when violence will not be done by such interpretation to the language of the statute.” And, quoting in that case from another case, this court further said: "The chief thing to be explored
We, therefore, conclude that an opinion of a proposed juror, based on reading an affidavit, or what purports to be an affidavit, of a witness to the transaction and acts constituting the crime charged, if not within the letter of the statute, is within the reason thereof making certain opinions a disqualification of a juror possessed of such an opinion. It therefore' follows that the seven jurors named were disqualified to serve as jurors in this cause on account of the opinion they had formed upon reading the published affidavit of the witness Hannon. Therefore the court erred in overruling appellant’s challenge to at least two of them.
It is also assigned, as one of the causes for a new trial, that the verdict is contrary to law.
It is contended, under this assignment, that tne verdict should have been for involuntary manslaughter instead of voluntary manslaughter. But this was a question of fact for the jury, unless the evidence established involuntary manslaughter without any conflict. This question may not arise on another trial, as the evidence may not be exactly the same on another trial. It would sub-
The judgment is reversed, and the cause remanded, with instructions to sustain appellant’s motion for a new trial, and for further proceedings in accordance with this opinion.
The clerk is directed to issue the proper order for the return of the appellant to the custody of the sheriff of Wayne county, to abide the order of the circuit court.