414 JOURNAL OF LAW AND POLICY
(^)
Paxman With respect, that is not answering the question of
whether you threatened to overrule him.
Howard It’s dealing with the relevant point which was what I
was entitled to do and what I was not entitled to do,
and I have dealt with this in detail before the House of
Commons and before the select committee.
Paxman But with respect you haven’t answered the question of
whether you threatened to overrule him.
Howard Well, you see, the question is....
B. Transcript of Contested Jury Member Selection in State v.
Cunningham.^57
MURPHY Do you understand, Ms. Carnes, that we have at law
what is called the presumption of innocence, that is,
a person who is charged with a criminal offense is
presumed to be innocent until and unless the State
can prove that person’s guilt beyond a reasonable
doubt?
CARNES Yes, sir.
MURPHY You understand that, don’t you?
CARNES Yes, sir, I do.
MURPHY And, of course, you understand that the charge in
this particular case is first-degree murder. It
involves the shooting of a police officer. Do you
understand that?
CARNES Yes, I do.
MURPHY And one of the things that you will be called upon to
do is to apply the principles that we were talking
about to this particular case if you sit as a juror.
CARNES Yes, I do.
MURPHY Now, it is one thing, of course, to say that you can
do something and it may be entirely different.
CARNES Yes.
MURPHY That is, that you actually be able to do that, and that
is really what I want you to search yourself about. I
(^57) State v. Cunningham No. 232A91, supra note 46.