People v. McCarty
California Supreme Court
Appeal from the District Court, Eighteenth Judicial District, County of San Diego. The defendant was indicted for the crime of murder. He moved that the judgment be arrested, because he had not been found guilty by the jury, and because the jury had found him not guilty, and the verdict had been rendered by a jury of one. The Court below denied the motion.
1Opinion of the Court
By the Court :.
1. There was no error in allowing the prosecution to interpose a peremptory challenge to one of the jurors before he had been sworn. The prosecution had passed the panel to the defendant, who had declined to make any challenge, *559and thereupon the prosecution were permitted to interpose a peremptory challenge to one of the panel. The prosecution had not accepted the jurors by merely passing them to the defendant for examination; nor had the jury been sworn, and the peremptory challenge was in fact interposed first by the People, in accordance with section one thousand and…
2Cases cited1 opinion
- People v. FairCalifornia Supreme Court · 1872
3Cited by24 opinions
- People v. MajorsCalifornia Supreme Court · 1884
- People v. GardnerCalifornia Supreme Court · 1893
- Reed Orchard Co. v. Superior CourtCalifornia Court of Appeal · 1912
- People v. TilleyCalifornia Supreme Court · 1901
- People v. FlohrCalifornia Court of Appeal · 1939
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