People v. M'Donell
California Supreme Court
Appeal from the District Court of the Seventh Judicial District, County of Solano. The defendant was indicted for the crime of murder in the first degree committed in the killing of John B. McCarty in July, 1873. The grand jury consisted of fourteen men, but two of them being disqualified were challenged, the challenge was allowed and they took no part in the finding of the indictment.
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Appeal from the District Court of the Seventh Judicial District, County of Solano. The defendant was indicted for the crime of murder in the first degree committed in the killing of John B. McCarty in July, 1873. The grand jury consisted of fourteen men, but two of them being disqualified were challenged, the challenge was allowed and they took no part in the finding of the indictment. It appeared at the trial that the defendant, together with Patrick Mulcahy, the deceased and others were engaged in threshing grain in a field. One afternoon some of the men, together with the defendant and…
1Opinion of the Court
By the Court:
The defendant was convicted of murder in the first degree, and has appealed from the judgment and from the order denying his motion for a new trial. We are asked to *136reverse the judgment on the ground that the Court below erred, first, in refusing to set aside the indictment; second, in the instructions to the jury; and third, in denying the defendant’s motion for a new trial.
The first point is not well taken. The indictment was found by a special grand jury, summoned under the order of the Court as authorized by sections 226 and 241 of the Code of Civil .Procedure. It contained a…
2Cited by22 opinions
- People v. DaughertyCalifornia Supreme Court · 1953
- People v. SkinnerCalifornia Supreme Court · 1985
- People v. McNultyCalifornia Supreme Court · 1892
- Boswell v. StateSupreme Court of Alabama · 1879
- State v. LewisNevada Supreme Court · 1889
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