People v. Cotta
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, County of Sacramento. The defendant and Domingo Estrado, were jointly charged in the indictment with having murdered John Cruse, at the County of Sacramento, in April, 1874. The evidence on the trial showed that the deceased was killed at the City of Sacramento, on the night of the 7th and 8th of April, 1874, by a stab made with a knife.
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Appeal from the District Court, Twelfth Judicial District, County of Sacramento. The defendant and Domingo Estrado, were jointly charged in the indictment with having murdered John Cruse, at the County of Sacramento, in April, 1874. The evidence on the trial showed that the deceased was killed at the City of Sacramento, on the night of the 7th and 8th of April, 1874, by a stab made with a knife. During the trial, the prosecution called E. M. Stevens as a witness, who testified to a conversation between the defendant and one Boyle, which he overheard. The witness said that soon after the…
1Opinion of the Court
By the Court, McKinstry, J.:
The defendant challenged the juror Charles Surtz in the following language: “The defendant challenges the juror for such bias as disqualifies him, and for having such a fixed and positive opinion as to the question of defendant’s guilt or innocence as would disqualify him from serving on the jury.”
Section 1,073 of the Penal Code, as amended in 1874, declares: “ Particular causes of challenge are two kinds: *169First, for such a bias as, when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this code as implied…
2Cited by24 opinions
- People v. GoldensonCalifornia Supreme Court · 1888
- Shields v. StateSupreme Court of Alabama · 1893
- People v. AmmermanCalifornia Supreme Court · 1897
- North v. StateSupreme Court of Florida · 1952
- Sapp v. StateCourt of Criminal Appeals of Texas · 1919
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