William Adam
Published: 2013-09
Total Pages: 142
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1836 edition. Excerpt: ...here is, " how far the person is disqualified from being a " juryman, having been tried, convicted, and " punished on his own confession? Thisadmis" sibility depends not on the punishment, but on " the nature of the crime, and the question is, " Whether it infers infarniajuris? I have looked " at the indictment to ascertain the crime, and " it being of the nature of crimenfalsi, all the " authorities agree that irgfamiajuris follows. " The next question is, Whether this disqualifi" cation applies tojurymen? The statute I68," and others, go to establish, that infamia jurz';s " disqualifies persons from being jurymen; and " even if they did not, the analogy would go " far to establish it. A person convicted of such " a crime cannot be a witness; he has got into " such a relation to civil society, that he is not " to be believed on his oath; and that ajuryman " is on oath is too clear to require illustration. I " therefore hold him disqualified. This leads to " the question, how far the act of parties, by ac" quiescence or consent, rendered him a fit jury" man? Consent of parties can do a great deal, " but in the question as to the competency ofa " juryman, the Court must be a party as well as " the pursuer and defender. There was a case " in this Court, where a writer to the Signet was " taken as a juryman; but then the Court, as " well as the parties, consented to this, and the " disqualification was taken off. The disqualifi" cation of writers, was from a fear of perplex" ing the juries with subtilties of law; but, in " the present case, if the...
