Page:Stewart v. State.pdf/8

Rh, whose Christian names were given only by initial in the return of the sheriff to the venire. Upon the hearing of this objection, the attorney for the State announced his intention to challenge peremptory the said Newton A. Ewing and Armistead Jordan. The court overruled the objection, at the same time stating to the defendant that, upon the calling of the original panel returned by the sheriff upon the venire facias, he should not be compelled to accept or challenge peremptorily any one as a juror whose name was not upon the list delivered to him. In the course of electing the jury, one John Williams was called, who being sworn upon the voir dire, and interrogated by the court, answered that he had formed an opinion as to the guilt or innocence of the defendant from conversing with persons in that county who were strangers to him, and he did not know whether they were witnesses or not: that he had expressed no opinion as to the guilt or innocence of the defendant, and the opinion he had formed, left no bias or prejudice on his mind for or against the prisoner. The court decided him to be a competent juror, and the State elected to accept him, and the defendant not choosing to accept him, was required to challenge him peremptorily. A like decision was made by the court as to the competency of one John Moore, who was presented as a juror, and being sworn and interrogated upon his voir dire stated, that he had formed and expressed an opinion as to the guilt or innocence of the defendant from rumor, and talking with persons in that county; that he was not acquainted with any of the witnesses in the cause, and did not know that any of the persons with whom he had conversed were witnesses; but that the opinion so formed and expressd had left no bias or prejudice on his mind for or against the prisoner. Whereupon, one Isham G. Ready being called as a juror, the defendant stated to the court that, in challenging him for cause, he would not consent to submit the trial of his competency to the court, but claimed the benefit of triers. And theteupon the court proceeded on its own motion to cause the juror presented to be sworn on his voir dire, and being interrogated by the court, he answered that he had formed and expressed an opinion as to the