Tanner

delivered the opinion of the Court. Upon the trial of this cause, which was an indictment for grand larceny, William Jackson was called as a juror, and accepted by the prisoner. The counsel for the State asked said Jackson, “Whether he had any conscientious scruples against the infliction of capital punishment?” to which said juror replied, “he would hang a man found guilty of murder, but that he would not hang a man for stealing.” Whereupon the Court ordered the juror to stand aside, deciding that he was biased, and therefore incompetent. The 9th subdivision of the 347th section of the .act regulating criminal proceedings, enumerates, among the causes of challenge for implied bias, “If the offence charged be punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty;—in which case, he shall neither be permitted nor compelled to serve as a juror.” The act concerning crimes, provides, that any person found guilty of grand larceny, shall be punished by imprisonment in the State prison, not less than one, nor more than ten years, or by death, in the discretion of the jury. It is not our purpose to discuss the policy of…