People v. Driggs

MR. JUSTICE PLUMMER Delivered the Opinion of the Court.

The defendant was charged with the crime of assault with intent to commit murder, in an information filed by the district attorney of the county of Butte. Upon the trial, a verdict of guilty of assault with a deadly weapon, was returned by the jury. The defendant thereupon moved for a new trial, which was granted. From the order granting a new trial the People prosecute this appeal.

The argument of counsel directs our attention first to the fact that while twelve jurors were sworn to try this cause, one of the jurors became too ill to act,…