US SUPREME COURT DECISIONS

Subject to the requirement of due process of law, the states are under no restriction as to their methods of procedure in the administration of public justice. Twining v. New Jersey, 211 U. S. 78, 211 U. S. 111.

Due process of law implies a tribunal both impartial and mentally competent to afford a hearing, but due process is not denied when a competent state court refuses to set aside a verdict because the sanity of one of the jurors which has been questioned is established, after an inquiry in accordance with the established procedure of the state, only by a preponderance of evidence.

In this case, held that one convicted by a jury and sentenced to death was not denied due process of law because, after the verdict, one of the jurors became insane and the court, after an inquiry had in accordance with the established procedure of the state, found by a preponderance of evidence that the juror was of sufficient mental capacity during the trial to act a such, and therefore refused to set the verdict aside.

The practice of the Massachusetts courts in this case was not inconsistent with the rules of the common law in regard to determining the mental capacity of jurors.

207 Mass. 259 affirmed.

The facts, which involve the question of whether one convicted in a state court by a jury, a member of which was possibly insane at the time, was denied due process of law, are stated in the opinion. chanrobles.com-red

Page 225 U. S. 172