People v. Murphy
California Supreme Court
Appeal from the District Court, Fifth Judicial District, County of San Joaquin. The juror Smith, when called, in answer to questions, said he had formed some opinion merely from what he had heard, but never expressed any; but, that he thought it would not do to rely altogether on what he had heard, and he did not place implicit belief on it; that his opinion was a conditional one, as he doubted whether what he heard was true; and that he should be governed entirely by the…
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Appeal from the District Court, Fifth Judicial District, County of San Joaquin. The juror Smith, when called, in answer to questions, said he had formed some opinion merely from what he had heard, but never expressed any; but, that he thought it would not do to rely altogether on what he had heard, and he did not place implicit belief on it; that his opinion was a conditional one, as he doubted whether what he heard was true; and that he should be governed entirely by the testimony and not by what he had heard; and that he had not formed an unqualified opinion. The juror Kingsley, when…
1Opinion of the Court
By the Court:
The prisoner was convicted of the crime of murder in the first degree and sentenced to be executed on Friday, the 3d of Dovember, 1871. Do point is made, or could be successfully made here, against the judgment, in that it undertakes in itself to fix a day to carry the sentence of death into execution; but we had occasion to say in People v. Bonilla, 38 Cal. 99, that “the practice of designating in a judgment of death a day for carrying it into effect is not in keeping with the provisions of the Criminal Practice Act. The day should be designated in the warrant, and not in the…
2Cases cited3 opinions
- Fuller v. ReedCalifornia Supreme Court · 1869
- People v. StewartCalifornia Supreme Court · 1857
- People v. CottleCalifornia Supreme Court · 1856
3Cited by31 opinions
- People v. DurrantCalifornia Supreme Court · 1897
- People v. BeivelmanCalifornia Supreme Court · 1968
- Carlton v. PeopleIllinois Supreme Court · 1894
- People v. AmayaCalifornia Supreme Court · 1901
- Havenor v. StateWisconsin Supreme Court · 1905
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