People v. Butler
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. The prisoner was indicted by the grand jury of the county of Sierra, for the crime of murder, alleged to have been committed upon Robert Moffat, in September, 1855. The grand jury was composed of twenty-three persons, and nine of them chailenged for cause by the prisoner, and the challenge sustained, and the nine jurors thus challenged, were ordered by the Court of Sessions not to be…
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Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. The prisoner was indicted by the grand jury of the county of Sierra, for the crime of murder, alleged to have been committed upon Robert Moffat, in September, 1855. The grand jury was composed of twenty-three persons, and nine of them chailenged for cause by the prisoner, and the challenge sustained, and the nine jurors thus challenged, were ordered by the Court of Sessions not to be present in the grand jury room, during the investigation of the case of the prisoner. The indictment was found by the…
1Opinion of the Court
Burnett, T., after stating the facts, delivered the opinion of the Court—Field, J., concurring.
The first ground of error alleged by the learned counsel of the prisoner, is, that the grand jury finding the indictment Avas not legally constituted, there being only fourteen present at, and participating in, the investigation of the particular case. But this objection was not well taken, as has already been decided by this court, in the case of The People v. Roberts, April, 1856. The statute requires the concurrence of twelve grand jurors to find an indictment; and when that concurrence is had,…
2Cited by16 opinions
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- People v. HunterCalifornia Supreme Court · 1879
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