People v. Beauchamp
California Supreme Court
Appeal from the County Court, Stanislaus County. The defendant was indicted for stealing mules and horses, and appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court:
The judgment and order denying the prisoner a new trial were reversed at the argument, and a new trial was ordered.
It appeared that the verdict by which the prisoner was *42found guilty of the felony charged in the indictment had been received by the Court below, and recorded in its minutes, and the jury discharged, while the prisoner was not personally present in Court. The statute (Penal Code, Sec. 1148,) distinctly provides that, in order to the validity o'f such a verdict, the prisoner must be personally present in Court when it is returned. In this case the prisoner seems to…
2Cited by7 opinions
- People v. IsbyCalifornia Supreme Court · 1947
- State v. WaySupreme Court of Kansas · 1907
- United States v. RiceU.S. Circuit Court for the District of Southern New York · 1911
- People v. WilliamsCalifornia Supreme Court · 1881
- People v. NickellCalifornia Court of Appeal · 1937
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