People v. Welch
California Supreme Court
Appeal from the District Court, Sixteenth Judicial District, County of Inyo. The defendant was tried for the crime of murder in the first degree at the term of the District Court, held in Inyo county, for May, 1874. Several of the jurors were challenged by the defendant on the ground that the juror had formed an unqualified opinion as to the guilt or innocence of the defendant.
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Appeal from the District Court, Sixteenth Judicial District, County of Inyo. The defendant was tried for the crime of murder in the first degree at the term of the District Court, held in Inyo county, for May, 1874. Several of the jurors were challenged by the defendant on the ground that the juror had formed an unqualified opinion as to the guilt or innocence of the defendant. The jurors challenged, when interrogated severally, answered as follows: James McCharty, said: “ Have formed an opinion as to the guilt or innocence of the defendant—a qualified opinion; never heard anything but what I…
1Opinion
By the Court, McKinstry J., on petition for rehearing:
The petition for rehearing calls our attention to the fact that the Act amending sections ten hundred and seventy-four and ten hundred and seventy-eight of the Penal Code, took effect on the 1st day of July, 1874, and subsequently to the trial of the present action in the District Court.
At that trial the defendant was entitled to his exceptions to the ruling of the District Court denying his challenges to jurymen, on the ground that they had formed or expressed an unqualified opinion as to the guilt of the defendant.
Section 1,073 of the…
2Cases cited1 opinion
- People v. CottleCalifornia Supreme Court · 1856