People v. Ah Chung
California Supreme Court
Appeal from the Court of Sessions of San Francisco County. The prisoner was indicted for grand larceny—the jury rendered a verdict of conviction. Defendant’s counsel moved for a new trial, upon the ground that the County Judge and one Associate Justice alone composed the Court, during the trial of the defendant. The Court refused the motion, and defendant appealed.
1Opinion of the CourtMurray, C. J.
Heydenfeldt, J., concurred.
The only question involved in this case is, whether the Court of Sessions can be bolden by the County Judge and one Associate, or on the other hand, is the presence of all three of the Judges necessary.
The eighth section of the sixth Article of the Constitution of the State provides, that “ The County Judge, with two Justices of the Peace, to be designated according to law, shall hold Courts of Sessions, with such criminal jurisdiction as the Legislature shall prescribe, &c.” In arriving at a proper construction of this section, it will be necessary to refer to the…
2Cases cited1 opinion
- Klock v. RobinsonNew York Supreme Court · 1839
3Cited by2 opinions
- Martello v. Superior Court of CaliforniaCalifornia Supreme Court · 1927
- People v. BarbourCalifornia Supreme Court · 1858