People v. Gibbons

- By the Court,

Wallace, C. J.:

The prisoner was tried in September, 1871, in the County Court of Santa Cruz County, upon an indictment for grand larceny in stealing an ox of one Peterson, and was convicted. Before the indictment was found he had been arrested and brought before a Justice of the Peace for examination into the charges made against him. He appeared there without counsel, and upon being inquired of by the Justice if he desired counsel, he answered that he did not. The Justice thereupon examined the witnesses for the prosecution and then put this question to the prisoner: “ Will…