People v. O'Neil
California Supreme Court
Appeal from the County Court, Del Norte County. The charging part of the indictment was as follows: “The said William O’Neil, on the 9th day of April, a. d. 1873, and previous to the time of finding this indictment, on the point west of Crescent City,1 did unlawfully and feloniously assault one Hannah Dunlay, with intent to outrage her person, by throwing her (the said Hannah Dun-lay) on her back, and attempting to have sexual intercourse with her; all of which is contrary,”…
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Appeal from the County Court, Del Norte County. The charging part of the indictment was as follows: “The said William O’Neil, on the 9th day of April, a. d. 1873, and previous to the time of finding this indictment, on the point west of Crescent City,1 did unlawfully and feloniously assault one Hannah Dunlay, with intent to outrage her person, by throwing her (the said Hannah Dun-lay) on her back, and attempting to have sexual intercourse with her; all of which is contrary,” etc. The defendant consented to be tried by a jury of eleven men. He appealed. . The other facts are stated in the…
1Opinion of the Court
By the Court, Rhodes, J.:
The defendant was convicted of an assault, with intent to commit rape. The verdict was rendered by a jury consisting of only eleven jurors; and this is assigned by the defendant as error. The Attorney-General confesses the error; and it may be added that the authorities cited by the .defendant establish the proposition that a jury in a criminal action must, within the meaning of the constitution, consist of twelve men.
The indictment does not charge an assault with intent to commit rape. It, at best, only charges an assault. It is not alleged that the offense was…
2Cited by8 opinions
- People v. BrunemanCalifornia Court of Appeal · 1935
- People v. ClarkCalifornia Court of Appeal · 1938
- Territory of New Mexico v. OrtizNew Mexico Supreme Court · 1895
- Pueblo v. BehnSupreme Court of Puerto Rico · 1907
- People v. BehnSupreme Court of Puerto Rico · 1907
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