People v. Plummer

Terry, C. J., delivered the opinion of the Court—Field, J., and Burnett, J., concurring. The defendant was convicted, before the District Court of llevada county, of the crime of murder in the second degree, and, his application for a new trial having been denied, appeals to this Court.

There are several objections taken to the legality of the mode of empanneling the Grand Jury, as well as to the refusal of the Court to permit certain questions to be asked of individual jurors, which we do not think well taken, nor do we think it is necessary to examine these questions separately or at length, as they involve no principle not already passed upon.

There was no error in postponing the consideration of the application for a change of venue until an ' attempt was made to empannel a jury, and as the counsel, afteT a number of persons had been rejected, declined, on the intimation of the Court, to renew his motion, he cannot take advantage of the failure to order a change of venue.

In support of his motion for a new trial, defendant offered evidence to show that certain jurors, who acted in the trial of the cause, were incompetent, from actual bias.

And the question is presented, whether an objection to the competency of a juror can be taken after verdict. On this point we have no doubt.

One of the dearest rights guarantied by our free Constitution [310]is that of trial by jury;—the right which every citizen has to demand, that all offences charged against him shall be submitted to a tribunal composed of honest and unprejudiced men, who will do equal and exact justice between the government and the accused, and in order to do this, weigh impartially every fact disclosed by the evidence. This guaranty, long regarded as of inestimable value, would be entirely worthless if persons are admitted in the jury-box who are influenced by passion, ill-will, or prejudice, or who, by reason of having formed an opinion as to the merits of the case, will be incapable of deciding with perfect impartiality.

In Rollins v. Adams, (2 N. H., 349,) Judge Woodbury remarked: “It is highly important that the conflicting rights of individuals should be adjusted by jurors as impartial as the lot of humanity will admit; that théir' minds should be as free as the unsunned snow from any previous impressions, and should receive no hue but what the law and the evidence at the trial may impart.” If this be true of cases between individuals, involving questions of property, with how much greater force does it apply to cases involving the life or liberty of a citizen ? In McLean v. The State, (10 Yerg., 241,) the Court said : “ The trial by jury has ’always, in England and in this country, been considered of such vital importance to the security of the life, liberty, and property of the citizen, that great care has been taken to preserve it unimpaired. That the accused may have the full benefit of a judgment by his peers, it is absolutely necessary—