Criminal Prosecution — Jury — Challenges for Cause — Peremptory Challenges — Examination on Voir Dire.
The larceny of property worth $7.20 being a misdemeanor, one of two persons jointly tried therefor had no right to peremptory challenges of jurors, or to question them for the purpose of peremptory challenge, but was entitled to have submitted to him names of twenty jurors not challengeable for cause, in order to strike his share of four names, and to have the prospective jurors sworn on their voir dire to test their qualifications with a view to challenges for cause.
It was error to deny accused's request, in a misdemeanor case, that prospective jurors be sworn on their voir dire for questions as to possible grounds of challenge for cause, although his counsel's statements tended to show that he had in mind questions for peremptory challenging, his request not being definitely limited to such purpose.
The refusal to grant one of two persons, jointly indicted for larceny, a severance and separate trial, was a ruling in the discretion of the trial court, and not appealable.
Decided December 10th, 1937.
BOND, C.J., delivered the opinion of the Court.
Unreported cases.