Commonwealth v. Young
Commonwealth v. Young
Opinion of the Court
Opinion by
Following a trial by jury in Montgomery County, ■ Charles Young was convicted of assault and battery. One of the jurors selected to serve in the case Avas designated in the official jury list as “Wolfe, Elizabeth,
It is appellant’s contention that a Justice of the Peace is disqualified from serving as a juror in a criminal case because he is an official of the Commonwealth. Section 2 of the Act of May 17, 1939, P. L. 157, 17 PS §1333, sets' forth the qualifications for jurors in counties of the’ third class. We had occasion to consider this enactment in Commonwealth v. Kopitsko, 177 Pa. Superior Ct. 161, 110 A. 2d 715. It does not, either literally or by implication, disqualify a justice of the peace as a juror. However, it is contended by appellant’s counsel “that this statute is in no way a comprehensive statement of the' necessary qualifications of jurors, or an exclusive listing of items which disqualify certain persons as jurors”. He relies principally on Crawford v. U. S., 212 U. S. 183, 29 S. Ct. 260. In that case a juror listed as a druggist was found on voir dire examination to have a post office sub-station in his store. It was held that a challenge for cause should have been allowed on the ground that the juror was an employe of the government, and thus ineligible at common law. But this ruling was in effect disavowed in U. S. v. Wood, 299 U. S. 123, 57 S. Ct. 177, wherein Chief Justice Hughes said: “In the light of the English precedents, and in the absence of any satisfactory showing of a different practice in the colonies,
Apparently the only Pennsylvania case in which the general subject was considered is Commonwealth v. Romito, 29 Wash. (Pa.) 155.
Appellant further contends that the listing of Mrs. Wolfe’s occupation as “housewife” rather than “justice of the peace” was prejudicial since, even though she might not have been challenged for cause, she would
Judgment affirmed. ,
Affirmed 166 Pa. Superior Ct. 158, 70 A. 2d. 444. However, the question involved in the ease at bar was not raised on the appeal.
State v. Lewis, 31 Wash. 75, 71 P. 778; People v. Kokocki, 101 N.Y.S. 2d 316.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.