People v. Stewart
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Calaveras. The defendant was indicted, tried, and convicted, of the crime of murder. On the trial, one of the jurors, being asked if he had such conscientious opinions as would prevent him from finding the defendant guilty, answered that he was opposed to capital punishment on principle.
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Appeal from the District Court of the Fifth Judicial District, County of Calaveras. The defendant was indicted, tried, and convicted, of the crime of murder. On the trial, one of the jurors, being asked if he had such conscientious opinions as would prevent him from finding the defendant guilty, answered that he was opposed to capital punishment on principle. Whereupon the prosecuting attorney challenged the juror, for cause, which challenge was sustained by the Court below, and the juror excluded, under the exception of defendant’s attorney. The defendant appeals, setting forth the above in…
1Opinion of the CourtMurray, C. J.
On the trial of this cause in the Court below, one of the jurors was asked if he entertained such conscientious opinions, where the offence charged was punishable with death, as would preclude him from finding the defendant guilty; to which he answered, that he was “ opposed to capital punishment on principle.” He was then challenged by the District Attorney for cause, and the challenge sustained.
The three hundred and forty-seventh section, subdivision nine of the criminal code, Compiled Laws, 466, provides, that a person shall neither be permitted or compelled to serve as a juror where the…
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