Legal Opinion

People v. Lopez

California Supreme Court

Decided July 15, 1881No. 10,633PublishedCited by 8 opinions

Appeal from a judgment of conviction and from an order denying a new trial in the Superior Court of Monterey County. Alexander, J. The order for a special venire was made January 5,1881. At the time of making this order, there were in the jury box about two hundred names of persons duly selected by the Board of Supervisors for the year 1880. January 24, 1881, an order was made by the Court, designating the number of grand and trial jurors, and the Board of Supervisors had…

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Appeal from a judgment of conviction and from an order denying a new trial in the Superior Court of Monterey County. Alexander, J. The order for a special venire was made January 5,1881. At the time of making this order, there were in the jury box about two hundred names of persons duly selected by the Board of Supervisors for the year 1880. January 24, 1881, an order was made by the Court, designating the number of grand and trial jurors, and the Board of Supervisors had not met after the making of said order, and no jurors had been selected by the Board to serve for the year 1881. The first…

1Opinion of the Court

McKinstry, J.:

The challenge to the panel was properly disallowed. (C. C. P., §§ 226, 227.)

' All the instructions given were given in the exact language requested by the defendant, who can not now object to any of them.

There was evidence tending to prove that other horses disappeared from the same neighborhood at the same time as the mare and colt, with the larceny of which defendant was charged, and tending to show that the others were found, with the mare and colt, in the possession of defendant. Defendant’s objection to such evidence was properly overruled. (People v. Robles, 34 Cal. 591.)

Ju…

2Cases cited1 opinion

  1. People v. RoblesCalifornia Supreme Court · 1868

3Cited by8 opinions

  1. People v. BlackCalifornia Court of Appeal · 1925
  2. Dawson v. SchlossCalifornia Supreme Court · 1892
  3. Territory of Montana v. BurgessMontana Supreme Court · 1888
  4. People v. CunninghamCalifornia Supreme Court · 1885
  5. State v. DonavanSupreme Court of Iowa · 1904

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