State v. Oliphant

• Decision Date: 14 January 1952
• Docket Number: No. 40539,40539
• Citation: State v. Oliphant, 56 So.2d 846, 220 La. 489 (La. 1952)
• Parties: STATE v. OLIPHANT.
• Court: Louisiana Supreme Court

Page 846

56 So.2d 846

220 La. 489

STATE v.OLIPHANT.

No. 40539.

Supreme Court of Louisiana.

Jan. 14, 1952.

L. B. Ponder, Jr., Amite, and Grover L. Covington, Kentwood, for defendant-appellant.

Bolivar E. Kemp, Jr., Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Joseph A. Sims, Dist. Atty., Hammond, Duncan S. Kemp, Jr., Asst. Dist. Atty., Amite, and Joseph D. Lupo, Asst. Atty., Independence, for appellee.

MOISE, Justice.

Robert Daniel Oliphant was convicted of the murder of Mrs. Lou Allen in the Parish of Tangipahoa on February 6, 1951, and was sentenced to death by electrocution.From the conviction and sentence he has appealed.

During the course of the trial ten bills of exception were reserved, forming the basis of this appeal, two of which we find to be of sufficient merit to warrant a reversal and new trial.

Bills Two and Three were taken to the trial judge's rulings that Flavius E. Doughty and O. C. Lewis, respectively, were competent to serve as jurors (notwithstanding that on their voir dire examination each had stated that he had a fixed opinion) and the consequent compelling of defendant to peremptorily challenge them, all of his peremptory challenges thereafter being exhausted in the selection of the jury.

The statutory law is clear and the jurisprudence well settled that an opinion as to guilt or innocence of the accused, which is not fixed, or has not been deliberately formed, or that would yield to evidence, or that could be changed, does not disqualify a juror.LSA-R.S. 15:351, Art. 351, Code of Criminal Law & Procedure. State v. Dugay, 35 La.Ann. 327, 328;State v. McGee, 36 La.Ann. 206, 207;andState v. George, 37 La.Ann. 786.The determination of a juror's competency is to be made from his entire examination, not from isolated answers.State v. Ford, 42 La.Ann. 255, 7 So. 696;State v. LeDuff, 46 La.Ann. 546, 15 So. 397;State v. Rodriguez, 115 La. 1004, 40 So. 438;State v. Owen, 126 La. 646, 52 So. 860;State v. Carriere, 141 La. 136, 74 So. 792;State v. Briggs, 142 La. 785, 77 So. 599;State v. Henry, 200 La. 875, 9 So.2d 215.However, in ruling on a juror's competency, the judge is not bound by his answers, that he has or has not formed an opinion, when such answer is opposed and inconsistent with facts and circumstances disclosed by the examination, or otherwise legally known to the Judge.State v. Barnes, 34 La.Ann. 395.

In the instant case, the circumstances surrounding the commission of the crime with which the accused was charged were particularly heinous.Taken as a whole, the answers elicited from these two prospective jurors on their voir dire, and transcribed in connection with Bills Nos. Two and Three, give rise to grave doubt either of their ability to overcome their own preconceived opinions or of their appreciation of the accused's fundamental right to the presumption of innocence at every stage of the trial.We quote in toto the testimony adduced on the examinations of prospective jurors Doughty and Lewis:----

'By Mr. Sims [District Attorney]:

'Q.Mr. Doughty, from what you have heard or read about this case, have you formed an opinion in the case?A.I think I have.

'Q.Is that opinion such a nature that it would not yield to the evidence you would hear from the witness stand?A.I think it could.

'By Mr. Ponder [Defense Counsel]:

'Q.Yousay you have a fixed opinion in this case at this time?A.Yes.

'Q.What is that opinion?A.From what I have heard, it is guilty.

'Q.From what you have heard discussed, it would not do the defendant any good?A.No.

'By Mr. Sims:

'Q.Could you disregard what you have heard and come in this case with an open mind and decide the case as you hear the law as given you by the Judge and the facts from the witnesses placed on the stand?A.Yes.

'By Mr. Ponder:

'Q.Yousaid, Mr. Doughty, that you have a fixed opinion in this case?A.Yes.

'Q.And that fixed opinion is an opinion of guilty at this time?A.Yes.

'Q.And you are going in the Jury Box with that opinion of guilty?A.It is according to the evidence I hear.

'Q.It will take some evidence to change it?A.It will take evidence to do it.

'Q.And if you don't hear the type of evidence you think would rebut it, you will keep that opinion?A.Yes, I will have that opinion.

'By Mr. Ponder to the Court:

'I think we should be able to get a juror that don't have a fixed opinion and I submit him for cause.

'By the Court:

'I did not understand him correctly that he had a fixed opinion.I understood him to say that if he was accepted he could disregard any opinion that he has at this time and decide this case solely on the evidence heard on the witness stand and the law as given him.Is that correct, Mr. Doughty?A.Yes, that is correct.

'Q.Then your opinion is not fixed?A.Yes, at the time it will take the evidence to change it?

'Q.Youhave an opinion but it is not such that could not be changed?A.I guess you would put it that way.

'Q.The only question is whether or not you could sit on this jury and try this case on the evidence you hear from the witnesses placed on the stand and the law as given you and disregard anything you might have heard before?You are the only one that can answer that question.A.The evidence is what will change my opinion.

'Q.Can you disregard anything you have heard in the past and come into this case with a free and open mind?A.Yes.

'Q.If you are taken as a juror, will you do that?A.Yes.

'Q.Youwill disregard everything else?A.Yes.

'By Mr. Covington [Defense Counsel]:

'Q.Youhave said that you have a fixed opinion, but it is subject to change according to the evidence and your opinion is one of guilt.In that event, it will be up to the defense counsel to change your opinion?A.Yes.

'Q.The defense counsel will have to disprove your belief of guilt?A.Yes.

'Q.Following that same line of reasoning then, you will put upon the counsel for the defendant the burden of proving the innocence of the defendant, is that correct?A.Yes.

'By the Court:

'Q.Suppose the Court instructed you to the contrary which is the law that in all criminal cases, the defendant is presumed to be innocent until proved differently by the State, would you require that the State prove him guilty?A.They have to prove him guilty before I can find him guilty.

'Q.Youwon't require the defendant to prove any thing, but you would require the State to put on sufficient evidence to prove him guilty?A.Yes.

'Q.And after you heard all the evidence, you found the accused guilty, you would bring in a verdict of guilty as charged?A.Yes.

'Q.On the other hand, if you were not satisfied beyond a reasonable doubt as to his guilt or innocence, after hearing the evidence and the law as given you, would you give him the benefit of that doubt and acquit him?A.Yes.

'Q.Then you take the position that the burden of proof is on the State to prove his guilt beyond a reasonable doubt?A.Yes.

'Q.And they do not have to prove his innocence?A.The State would have to prove him guilty.

'The Court will rule the Juror competent.

'By Mr. Ponder: We object to the ruling of the Court and ask that the questions, answer and the Court's ruling be made a part of this formal bill.

'By Mr. Sims: We would like for the record to show that the defendant has ten peremptory challenges left at this time.

'By Mr. Sims: The State will accept the Juror.

'By Mr. Ponder: The defendant will exercise a peremptory challenge.'

* * *

* * *

'Mr. O. C. Lewis, being sworn on his voir dire, testing his qualifications to serve as a Juror, testified as follows:

Examination.

'By Mr. Sims:

'Q.Mr. Lewis, do you have a fixed opinion in this case?A.I have formed an opinion.

'Q.Is it subject to change?A.I would not say it is a fixed opinion, but from what I have heard, it is my opinion.

'Q.Could you cast that opinion aside and try this case with a free and open mind?A.If the evidence is so fixed, I think I would cast that opinion aside.

'Q.Under the law the defendant is presumed to be innocent until proven guilty beyond a reasonable doubt by the State.Can you cast aside anything you might have heard and presume him to be innocent?A.Yes.

'By Mr. Covington:

'Q.Yousay you had a fixed opinion in this case but that the opinion could be overcome?A.Yes.

'Q.In could be changed?A.Yes.

'Q.In order for you to change your opinion, would it be necessary for the defendant to introduce evidence to change your opinion?A.Sure it would, yes.

'By the court:

'Q.Are you familiar with the law of the State of Louisiana with respect to the presumption of innocence on the part of the defendant, that the defendant is presumed to be innocent until he is proven guilty beyond a reasonable doubt?A.I think I am familiar with that.

'Q.Youalso said you had an opinion from what you have read and heard?A.Yes.

'Q.Could you, if you are empaneled as a Juror in this case, entirely disregard that opinion and decide the case on the evidence as given on the witness stand?A.Yes.

'Q.Then, this is not a fixed opinion?A.No, but I have formed an opinion.

'Q.But it could be changed?A.Yes, if the Court proved beyond a reasonable doubt that the man is innocent but he would have to do that.

'Q.There is also a law that the defendant does not have to offer any evidence and that he does not have to take the witness stand and you will be instructed that you should not use that against him, would you take that as the law and consider it along with the law and the evidence in this case?A.Yes.

'Q.Being the law that the burden of proof is on the State, you would require the State to prove to your satisfaction and beyond a reasonable doubt that he is guilty?A.Yes.

'Q.And after hearing all the evidence in the case, you are not satisfied beyond a reasonable doubt, would you give him the benefit of that doubt and acquit him?A.Yes.

'Q.Then in that event, do you...