People v. Torres
California Supreme Court
Appeal from the County Court, County of San Joaquin. The defendant was indicted for an assault with intent to commit murder upon C. Mittrovich. He was tried and convicted, as charged.
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Appeal from the County Court, County of San Joaquin. The defendant was indicted for an assault with intent to commit murder upon C. Mittrovich. He was tried and convicted, as charged. The case was brought to this Court upon what purported to be a bill of exceptions, from which it appeared, among other things, that during the trial one of the jurors rose in íiis place and stated to the Court that the defendant had been shaking his head at the witness then on the stand, and asked the Court if it was proper for him to do so ; but it did not appear that the Court took any action in relation to…
1Opinion of the CourtSanderson, J.
The action of one of the jurors in calling the attention of the Court to the fact that the defendant was shaking his head at the witnesses, and asking if such conduct was proper and allowable; and also, the action of the Sheriff, in slipping blank forms of verdict under the door of the jury-room, while the jury was in consultation, are not presented in such a manner as to enable this Court to consider their legal effect upon the verdict. They are brought up here by a bill of exceptions—so called—which merely recites that the acts in question transpired, but does not show that any action by…
2Cases cited1 opinion
- People v. LevisonCalifornia Supreme Court · 1860
3Cited by12 opinions
- In re BreenNevada Supreme Court · 1908
- State v. ThomasSupreme Court of Louisiana · 1910
- Cutler v. HurlbutWisconsin Supreme Court · 1871
- State v. ShanleySouth Dakota Supreme Court · 1905
- People v. BradleyCalifornia Court of Appeal · 1945
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