Legal Opinion

People v. Stewart

California Supreme Court

Decided July 30, 1883PublishedCited by 13 opinions

Appeal from a judgment of the Superior Court of the county of Colusa, and from an order refusing a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtSharpstein, J.

—During the' trial a juror became sick and was discharged by the court. A new juror was called, who was peremptorily challenged by the defendant’s attorney. The challenge was denied on the ground that the defendant, in the *61selection of the original jury, had exhausted his peremptory challenges.

The Code provides that, in case of the discharge of a juror on account of sickness, “a new juror may be sworn and the trial begin anew, or the jury may be discharged, and a new jury then or afterwards impaneled.” (Penal Code, § 1123.) What is implied by the clause, “and the trial begin anew?” The title…

2Cited by13 opinions

  1. Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
  2. State v. HazledahlNorth Dakota Supreme Court · 1892
  3. People v. ArkCalifornia Supreme Court · 1892
  4. State v. BarnesNorth Dakota Supreme Court · 1915
  5. State v. PettitIdaho Supreme Court · 1920

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