People v. McCalla
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. Edward McCalla, Thomas McCalla, and W. H. Bullion, were indicted for the murder of one Bond. On being arraigned, they elected to he tried jointly.
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Appeal from the District Court of the Fifth Judicial District, County of Tuolumne. Edward McCalla, Thomas McCalla, and W. H. Bullion, were indicted for the murder of one Bond. On being arraigned, they elected to he tried jointly. Upon the trial of this cause, and after James Campbell, one of the persons who was called as a juror, had been examined touching his competency, the said Edward McCalla interposed a peremptory challenge to said juror, before twenty peremptory challenges had been exhausted; whereupon, Thomas McCalla objected to said challenge being allowed, and refused to join…
1Opinion of the CourtTerry, C. J.
The defendants, were jointly indicted, and tried, in the Court below, for the crime of murder, and were convicted, the one of murder, and the other of manslaughter.
*303The only error assigned, is the refusal of the Court to exclude from the panel a juror, who was challenged peremptorily by one of the defendants, the other expressly refusing to join in the challenge.
The three hundred and twenty-seventh section of the act to regulate proceedings in criminal cases, provides that “ when several defendants are tried together, they are not allowed to sever their challenges, but must join therein.” This…
2Cited by9 opinions
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- Schwartzberg v. United StatesCourt of Appeals for the Second Circuit · 1917
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- People v. PilbroCalifornia Court of Appeal · 1927
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