AN ACT in reference to the Competency of Jurors in Capital Cases.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
SECTION 1. When a juror is called, in a capital case he shall be first sworn or affirmed upon the voir dire and then asked, under the direction of the court, if he has formed and expressed any opinion in regard to the guilt or innocence of the prisoner at the bar. If his answer be in the negative, he shall be sworn as a juror in said case, unless he has conscientious scruples against finding a verdict ,of guilty in a case where the punishment is death, even if the evidence should so warrant him, or unless he shall be peremptorily challenged, challenged for cause, or excused by consent, of counsel on both sides. If his answer to said question be in the affirmative, he shall be disqualified to sit in said case, .unless he shall say, upon his said oath or affirmation, to the satisfaction of the court, that he feels able, notwithstanding such an opinion, to render an impartial verdict upon the law and the evidence; in which event he shall be a competent juror, if not otherwise disqualified, challenged, or excused.
Passed at Dover, January 24, 1883.