People v. Thurston
California Supreme Court
Appeal from the Court of Sessions of Yuba County. This was a case brought up for review by writ of error. The opinion of the Court contains the material facts.
1Opinion of the CourtMurray, C. J.
Bryan, J., concurred.
The appellant was indicted by a Grand Jury, composed of twenty-four persons. This was erroneous. The statute provides that twenty-four shall be summoned, but limits the number of those competent to act to twenty-three.
This was the rule at common law ; twenty-three only being taken of the twenty-four summoned, so that twelve might constitute a majority. Sec. 4th, Blackstone, sec. 302.
If more than twenty-three persons can hold an inquest of the County, there would be no limit to the number, and a party might be indicted by less than a majority of the Jury, our statute…
2Cited by11 opinions
- State v. OstranderSupreme Court of Iowa · 1865
- Bruner v. Superior CourtCalifornia Supreme Court · 1891
- People v. DaleCalifornia Court of Appeal · 1947
- Levy v. WilsonCalifornia Supreme Court · 1886
- State v. CollyerNevada Supreme Court · 1883
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