People v. Sears
People v. Sears
Dissenting Opinion
(dissenting). I would affirm. No fur
Opinion of the Court
Defendant was convicted by a jury of larceny in a building, contrary to MCL 750.360; MSA 28.592, and appeals.
The jury that sat at defendant’s trial was selected three weeks prior to trial in a procedure by which the entire jury panel was assembled on one
In Fedorinchik v Stewart, 289 Mich 436, 438-439; 286 NW 673, 674 (1939), the Supreme Court wrote:
"It is indispensable to a fair trial that a litigant be given a reasonable opportunity to ascertain on the voir dire whether any of the jurors summoned are subject to being challenged for cause or even peremptorily. In a large measure the scope of. examination of jurors on voir dire is within the discretion of the trial judge; but it must not be so limited as to exclude a showing of facts that would constitute ground for challenging for cause or the reasonable exercise of peremptory challenges. So to limit the examination is an abuse of discretion.”
The procedure of jury selection in this case improperly restricted defendant’s ability to conduct a voir dire of the jurors and engage in the reasonable exercise of challenges.
Reversed and remanded.
Reference
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