People v. Welch
California Supreme Court
Appeal from the District Court, Sixteenth Judicial District, County of Inyo. The defendant was tried for the crime of murder in the first degree at the term of the District Court, held in Inyo county, for May, 1874. Several of the jurors were challenged by the defendant on the ground that the juror had formed an unqualified opinion as to the guilt or innocence of the defendant.
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Appeal from the District Court, Sixteenth Judicial District, County of Inyo. The defendant was tried for the crime of murder in the first degree at the term of the District Court, held in Inyo county, for May, 1874. Several of the jurors were challenged by the defendant on the ground that the juror had formed an unqualified opinion as to the guilt or innocence of the defendant. The jurors challenged, when interrogated severally, answered as follows: James McCharty, said: “ Have formed an opinion as to the guilt or innocence of the defendant—a qualified opinion; never heard anything but what I…
1Opinion of the Court
By the Court, McKinstry, J.:
In the Court below the following proceedings took place: “ The panel being exhausted with the exception of two tickets, which the clerk stated were in the box, the District Judge proceeded to interrogate the Sheriff as to his forming or expressing an unqualified opinion as to the guilt or innocence of the defendant. He answered affirmatively. The said *177Sheriff of the County of Inyo aforesaid, being examined—under oath generally as to his qualifications under section 1064 of the Penal Code to act in summoning an ‘ordered venire’ of fifty additional jurors—he answered…
2Cases cited3 opinions
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- People v. SouthwellCalifornia Supreme Court · 1873
3Cited by64 opinions
- In Re AndersonCalifornia Supreme Court · 1968
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