Somers v. State

jFish, J.

1. There was no merit. in the ground of the motion for anew trial based on alleged newly discovered evidence, as such evidence was merely cumulative, and the accused made no effort whatever to have it upon the trial, though knowing of its existence prior thereto.

2. That a juror’s name is not on the jury-list or in the jury-box is not cause for a new trial; being an objection propter defectum, it should be discovered and urged before verdict. Brown v. State, 105 Ca. 640, and cases cited.

5. An assignment of error upon the refusal of the court to rule out certain evidence should specify…