Waters v. State

Robinson, J., delivered the opinion of the Court. The appellant was indicted for murder, in the Circuit Court for Cecil County. When the jury was being empanelled in his case, a certain Henry J. Briscoe was called as a juror and sworn upon his voir dire. To the question: “Have you formed and expressed an opinion as to the guilt or innocence of the prisoner at the bar?” lie replied: “I have.” In answer to questions then propounded to him by the Court, he stated, that such opinion was formed, solely from what he had read of the case in the county papers at the time of the commission of the crime, and from mere rumor; and that he did not know whether said publication and rumor were true or false; that he resided more than thirty miles from the place of the commission of the alleged crime; that he had not conversed with any witness in the case, nor with any person who claimed to have any knowledge of the facts of the case, nor with any one who professed to detail to him any portion of the testimony in the former trial; that he had no prejudice or bias for or against the prisoner, and he felt confident that he could give the prisoner a fair and impartial trial according to the evidence produced upon the stand by the witnesses. ⁴³⁶ The Court thereupon decided, that the said Briscoe was a competent juror; and to this opinion of the Court, the prisoner excepted.

It is a fundamental principle underlying the trial by jury, that each juror shall so far as it is possible be entirely impartial and unbiased, in order that he may hear the evidence, and decide the matter in controversy uninfluenced by any extraneous considerations whatever. We say, so far as it is possible, for after all, it may not be practicable even by the most rigid rules of exclusion to secure that impartiality which the law in the abstract. contemplates. Every day’s experience teaches that all human institutions are affected to some extent at least, by the common infirmities of those by whom they are framed, or by whom they are administered. To secure, however, a fair and impartial trial so far as it may be practicable, the law has from.the earliest times prescribed certain qualifications for jurors; and has carefully excluded from the panel all persons who from partiality or prejudice, arising either from their relations to the parties or from a fixed opinion in regard to the matter in issue, cannot be expected to give an impartial consideration to the questions submitted to them.

To this extent all the authorities agree, but in respect to the nature and character of the opinion, and the source or information upon which it is founded, there is to be found the greatest diversity of judicial opinion. We do not propose to consider in detail the many cases to be found on the subject, much less attempt the impossible task of reconciling conflicting opinions. In some States it has been held that any opinion formed or- expressed, without regard to the source or information upon which it is founded, is a sufficient disqualification. In others the character of the opinion, and the source whence it is derived are most considered, and there it is held that although an opinion formed and expressed from ⁴³⁷ actual knowledge of the facts or from information derived from those who are witnesses or who had knowledge, is sufficient ground for challenge, yet, that an opinion formed and expressed from mere rumor, or newspaper statements is not sufficient, if the person offered as a juror can say that such opinion, has not created any bias or prejudice for or against the prisoner.

Then again it has been held that the opinion however formed, and from whatever source, must be such as implies partiality for or malice against the party challenging. If we turn to the common law to which we are indebted for the trial by jury, we find that jurors were taken from the town, parish or hamlet nearest to the place where the questions to be tried originated. 3 Thomas’ Coke, 466. And they were taken from such localities because they had a better and more certain knowledge of the facts