People v. Gatewood
California Supreme Court
Appeal from the Twelfth Judicial District. Indictment for murder. The defendant, who is the appellant, was tried by a jury, and found guilty of murder' in the second degree. The grand jury who found the indictment was composed of sixteen persons—three of them were challenged by defendant and excused from the examination of his case ; the remaining thirteen found the indictment.
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Appeal from the Twelfth Judicial District. Indictment for murder. The defendant, who is the appellant, was tried by a jury, and found guilty of murder' in the second degree. The grand jury who found the indictment was composed of sixteen persons—three of them were challenged by defendant and excused from the examination of his case ; the remaining thirteen found the indictment. In forming this trial jury, one Jewel was examined, and a challenge for cause interposed to him by the defendant, which was overruled, and defendant excepted and then challenged him peremptorily. When the jury was…
1Opinion of the CourtNorton, J.
The objection that the indictment was presented by a grand jury not properly constituted, is the same that was raised and overruled in the case of The People v. Butler, (8 Cal. 435) in which case the difference between the facts in that case and those in the case of The People v. Roberts, (6 Cal. 214) and the inference to be drawn from the provisions of section ten of the Act concerning Jurors, were presented in the defendant’s brief. The decision was upon fall argument and deliberation, and must be considered as settling the point.
If the excluded juror did appear in Court when the indictment…
2Cases cited2 opinions
- People v. RobertsCalifornia Supreme Court · 1856
- People v. ButlerCalifornia Supreme Court · 1857
3Cited by7 opinions
- People v. DurrantCalifornia Supreme Court · 1897
- Melone v. Sierra Ry. Co. of Cal.California Supreme Court · 1907
- People v. SimmonsCalifornia Supreme Court · 1897
- People v. HernandezCalifornia Court of Appeal · 1979
- Territory of Arizona v. ShanklandArizona Supreme Court · 1892
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