People v. Arnold
California Supreme Court
Appeal from the Seventh District. Indictment for murder. Upon being arraigned, defendant moved to set aside the indictment on the ground that the grand jury was not drawn by, and the drawing thereof was not had in the presence of, the officers designated by law. Overruled; exceptions. Defendant was convicted of manslaughter, and appeals.
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
Several errors are assigned:
1. The first assignment is error in the impanneling of the trial jury; but as, in all probability, the same cause of objection will not again occur in the case, it is not deemed necessary to consider it. We merely remark in this connection, that it is better for the Court to adhere strictly to the provisions of the Statute in respect to the mode of trial, than risk a reversal of the judgment by a deviation from the specific modes of procedure prescribed, even when the deviation does not seem to it material.
2. Error in the mode of drawing the…
2Cited by33 opinions
- People v. AlcaldeCalifornia Supreme Court · 1944
- People v. ScogginsCalifornia Supreme Court · 1869
- Moody v. PeiranoCalifornia Court of Appeal · 1906
- People v. Hong Ah DuckCalifornia Supreme Court · 1882
- Wiggins v. PeopleSupreme Court of the United States · 1876
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