People v. Devine
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. When the case was called for trial the defendant’s attorney challenged the panel of trial jurors, because it had not been summoned until after the Code went into effect, and had not been summoned in accordance with the provisions of the Code.
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. When the case was called for trial the defendant’s attorney challenged the panel of trial jurors, because it had not been summoned until after the Code went into effect, and had not been summoned in accordance with the provisions of the Code. The Court allowed the challenge, so far as the trial of this indictment was concerned, and directed the Sheriff to summon from the body of the county additional jurors. When the case was again called for trial, the defendant’s attorney challenged the panel,…
1Opinion of the Court
By the Court:
1. There was no error in denying the challenge of the prisoner made to the panel of jurors summoned by the Sheriff from the body of the county.
The statute provides that the Court may order the Sheriff to summon a sufficient number of persons to serve as jurors, if a sufficient number had not been already drawn and summoned. This means drawn according to law, and summoned according to law. If an ascertained failure occur in either of these respects, the authority of the Court to order jurors to be summoned from the body of the county is clear. In this case, upon inquiry made at…
2Cited by8 opinions
- Rogers v. Superior CourtCalifornia Supreme Court · 1955
- People v. ZammoraCalifornia Court of Appeal · 1944
- Lowe v. StateSupreme Court of Alabama · 1888
- People v. Chung Ah ChueCalifornia Supreme Court · 1881
- People v. GauthierCalifornia Court of Appeal · 1962
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