Page:United States Statutes at Large Volume 76A.djvu/614

–518– -518thereafter challenging peremptorily any juror then in the jury box, and his remaining challenges shall be limited to jurors thereafter called. § 4108. Challenge for cause; kinds A challenge for cause may be taken by either party. I t is an objection to a particular juror, and is either: (1) general—that the juror is disqualified from serving in any case; or (2) particular—that he is disqualified from serving in the action on trial. § 4109. General causes of challenge General causes of challenge are: (1) a conviction of felony; (2) a want of any of the qualifications prescribed by law to render a person a competent juror; or (3) unsoundness of mind or such defect in the faculties of the mind or organs of the body as to render him incapable of performing the duties of a juror. § 4110. Particular causes of challenge (a) Particular causes of challenge are for: (1) such a bias as, when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this title as implied bias; or (2) the existence of a state of mind on the part of the juror in reference to the case, or to either of the parties, which will prevent him from acting with entire impartiality and without prejudice to the substantial rights of either party, which is known in this title as actual bias. (b) A person may not be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to the jury, founded upon public rumor, statements in public journals, or common notoriety, if it appears to the court upon his declaration under oath or otherwise that he can and will, notwithstanding such an opinion, act impartially and fairly upon the matters to be submitted to him. § 4111. Challenge for implied bias A challenge to an individual juror for implied bias may be taken for: (1) consanguinity or affinity within the fourth degree 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, or landlord and tenant, 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 his employment on wages; (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 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 case was submitted to it; (6) having served as a juror in a civil action brought against the defendant for the act charged as an offense; or

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