Reyes

I am of opinion that some of the questions were pertinent, and should have been asked; because, if the juror had answered in the affirmative, he would have shown that he was incompetent. Other questions -were improper.

On the whole, the judgment should be reversed.

Murray, C. J., concurred.

The defendants, as appears of record, being citizens of Mexico, were indicted for an assault with intent to commit murder, and having plead not guilty, the Court proceeded to empanel a jury for the trial of the cause, daring which R. Y. Avery was called as a juror, and was challenged by the counsel for the defense, upon the ground of actual bias against the defendants. Triers were appointed, and sworn to determine the question of bias in the juror, and upon the examination, Avery, the person called as a juror, was sworn, and the following questions were propounded to him by the counsel for the defense:—

The Court overruled all of the foregoing questions, and the cause now comes to us for a review of the action of'the Court below.

Wherever the right of trial by jury exists, the law iu all cases contemplates that each and every juror who sits in a cause, should have a mind entirely free from all bias or prejudice, of any kind whatsoever. In order to arrive at the condition of the person's mind, who is offered as a juror, a party is permitted to ask of the person himself, questions, the answers to which may tend to show whether he is prejudiced or not in…