Page:Revised Codes of the State of North Dakota 1895.pdf/1462

§§ 8161-8169 2. For the existence of a state of mind on the part of the juror, in reference to the case or to either party, which satisfies the court, in the exercise of a sound discretion, that he cannot try the issue impartially, without prejudice to the substantial rights of the party challenging, and which is known in this code as actual bias.

§ 8164. Matters constituting implied bias specified. A challenge for implied bias may be taken for all or any of the following causes, and for no other:

1. Consanguinity or relationship to the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or to the defendant.

2. Standing in the relation of guardian and ward, attorney and client, master and servant, landlord and tenant, or debtor and creditor, or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or in the employ of either.

3. Being a party adverse to the defendant in a civil action, or having complained against or been accused by him in a criminal prosecution.

4. Having served on the grand jury which found the indictment, or on a coroner's jury which inquired into the death of a person whose death is the subject of the action.

5. Having served on a trial jury which has tried another person for the offense charged.

6. Having been one of a jury formerly sworn to try the same charge, and whose verdict was set aside, or which was discharged without a verdict, after the cause was submitted to it.

7. Having served as a juror in a civil action brought against the defendant for the act charged as an offense.

8. If the offense charged is punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty, in which case he shall neither be permitted nor compelled to serve as a juror.

§ 8165. Exemption is not cause. An exemption from service on a jury is not a cause of challenge, but the privilege of the person exempted.

§ 8166. How challenge taken. Cause stated. In a challenge for implied bias, one or more of the causes stated in section 8164 must be alleged. In a challenge for actual bias, the cause stated in the second subdivision of section 8163 must be alleged. The challenge may be oral, but must be entered upon the minutes of the court.

§ 8167. Exception to the challenge. The adverse party may except to the challenge in the same manner as to a challenge to the panel, and the same proceedings must be had thereon as prescribed in section 8148 except that if the exception is allowed the juror must be excluded. The adverse party may also orally deny the facts alleged as the ground of challenge.

§ 8168. How tried, by the court. All challenges, whether to the panel or to individual jurors, shall be tried by the court, without the aid of triers.

§ 8169. Juror challenged, a witness. Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness to prove or disprove the challenge, and is bound to answer every question pertinent to the inquiry therein.

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