People v. Kunz
California Supreme Court
Appeal from a judgment of the Superior Court of Trinity County, and from an order refusing a new trial. The defendant, together with several other persons, was charged by information with the murder of one George Erickson. The persons accused all asked for separate trials, which being granted, the defendant was tried and convicted of murder in the first degree.
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Appeal from a judgment of the Superior Court of Trinity County, and from an order refusing a new trial. The defendant, together with several other persons, was charged by information with the murder of one George Erickson. The persons accused all asked for separate trials, which being granted, the defendant was tried and convicted of murder in the first degree. At the trial, the district attorney dismissed the charge against two of the persons accused, and used them as witnesses for the people against the defendant; and "it was solely upon their testimony, as the defendant claimed, that the…
1Opinion of the CourtTemple, J.
This case must be reversed on the authority of People v. Brown, 72 Cal. 390. On the preliminary examination of the jurors, three of them announced, in response to proper questions, that they each had decided opinions as to the guilt or innocence of the defendant, but thought they could give the defendant a fair and impartial trial. Each was challenged for actual bias by the defendant, who then, to further show the nature of the bias, asked whether the opinion was adverse to the defendant. This question was in each case objected to, *315the objection sustained, and an exception noted. The…
2Cases cited1 opinion
- People v. BrownCalifornia Supreme Court · 1887
3Cited by13 opinions
- People v. . McQuadeNew York Court of Appeals · 1888
- State v. SlothowerMontana Supreme Court · 1919
- People v. BarkerCalifornia Supreme Court · 1896
- People v. LeavensCalifornia Court of Appeal · 1909
- People v. GrundellCalifornia Supreme Court · 1888
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