People v. Yates

Opinion

BROUSSARD, J.

Defendant appeals from a conviction for first degree murder, claiming that he was improperly denied his right to 26 peremptory challenges under Penal Code section 1070. This section, one of the provisions in the original Penal Code of 1872,1 provides in subdivision (a) that “[i]f the offense charged be punishable with death, or with imprisonment in the state prison for life, the defendant is entitled to 26 and the state to 26 peremptory challenges.” In all other felony cases, defendant and the state receive only 10 challenges. Section 1070 has been interpreted from its…