TITLE 19

CRIMINAL PROCEDURE

CHAPTER 20

CHALLENGING THE JURY

19-2019.  Particular causes of challenge. Particular causes of challenge are of two kinds:

1.  For such a bias as, when the existence of the fact is ascertained, in judgment of law disqualifies the juror, and which is known in this code as implied bias.

2.  For 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, in the exercise of a sound discretion on the part of the trier, leads to the inference that he will not act with entire impartiality, and which is known in this code as actual bias.

History:

[(19-2019) Cr. Prac. 1864, sec. 338, p. 252; R.S., R.C., & C.L., sec. 7833; C.S., sec. 8929; I.C.A., sec. 19-1919.]