19-2020. GROUNDS OF CHALLENGE FOR IMPLIED BIAS. A challenge for implied bias may be taken for all or any of the following causes and for no other:
1. Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or to the defendant.
2. Standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family or boarder or lodger of the defendant, or of the person alleged to be injured by the offense charged or on whose complaint the prosecution was instituted, or in his employment on wages.
3. Being a party adverse to the defendant in a civil action or having complained against or been accused by him in a criminal prosecution.
4. Having served on the grand jury which found the indictment, or on a coroner’s jury which inquired into the death of a person whose death is the subject of the indictment.
5. Having served on a trial jury which has tried another person for the offense charged in the indictment.
6. Having been one of a jury formerly sworn to try the same charge, and whose verdict was set aside or which was discharged without a verdict after the case was submitted to it, or being a witness for the prosecution, or subpoenaed as such.
7. Having served as a juror in a civil action brought against the defendant for the act charged as an offense.
8. Having formed or expressed an unqualified opinion or belief that the prisoner is guilty or not guilty of the offense charged.
9. If the offense charged be punishable with death, the entertaining of such conscientious opinions as would preclude his finding the defendant guilty; in which case he must neither be permitted nor compelled to serve as a juror.
History:
[(19-2020) Cr. Prac. 1864, sec. 339, p. 252; R.S., R.C., & C.L., sec. 7834; C.S., sec. 8930; I.C.A., sec. 19-1920.]