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University of Michigan Law School

Journal

1938

Assault

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Jury - False Or Misleading Answers On Voir Dire As Grounds For A New Trial, James H. Kilbourne Apr 1938

Jury - False Or Misleading Answers On Voir Dire As Grounds For A New Trial, James H. Kilbourne

Michigan Law Review

Defendant, a striking employee, was convicted of breach of the peace arising out of an assault on non-striking employees. Immediately preceding his trial the jurors had been interrogated on voir dire in a similar case. Counsel for defendant stated he would rely in part on that examination. In it the jurors had been asked whether they had either friends or relatives working at the strike-bound plant. Juror A failed to disclose that his brother was a non-striking employee, though he admitted his niece was. Juror B failed to disclose that a friend who had previously lived with him for a …