People v. Mahoney
California Supreme Court
Appeal from the Court of Sessions of the City and County of San Francisco. Indictment for grand larceny—the time laid being December, 1859. On the twenty-eighth of January, 1860, defendant moved for a change of venue upon the following affidavit, to wit: “ Lewis Mahoney, now of said city and county of San Erancisco, being duly sworn, doth depose and say: That he is now in the county jail of said county, entirely unable to procure bail, upon a charge of grand larceny, upon…
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Appeal from the Court of Sessions of the City and County of San Francisco. Indictment for grand larceny—the time laid being December, 1859. On the twenty-eighth of January, 1860, defendant moved for a change of venue upon the following affidavit, to wit: “ Lewis Mahoney, now of said city and county of San Erancisco, being duly sworn, doth depose and say: That he is now in the county jail of said county, entirely unable to procure bail, upon a charge of grand larceny, upon which charge he has been indicted in said county, has been arraigned and plead not guilty to said indictment before said…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
1. The mere fact that the County Judge belonged to an illegal association, as alleged in the affidavit, whose committee exiled the *186' defendant on grounds unconnected with the present charge, does not show any legal incapacity to sit on the trial. If the Judge acted illegally on the trial, or denied the prisoner his legal rights, this would be good cause on appeal for the reversal; but we cannot undertake to say that this consideration operated a legal disqualification of the Judge to sit.
2. The mere affidavit of the defendant does not render it obligar tory on the Court to…
2Cited by18 opinions
- People v. KingCalifornia Supreme Court · 1865
- State v. MillainNevada Supreme Court · 1867
- State v. PomeroyOregon Supreme Court · 1896
- Day v. DayIdaho Supreme Court · 1906
- Cotton v. StateMississippi Supreme Court · 1872
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