People v. Russell
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The defendant was convicted of the crime of murder in the first degree, in the killing of James Crotty, on the 2d day of August, 1872, and appealed. On the direct examination of the defendant, he stated where he had been during the three hours—mentioning several places he visited.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The defendant was convicted of the crime of murder in the first degree, in the killing of James Crotty, on the 2d day of August, 1872, and appealed. On the direct examination of the defendant, he stated where he had been during the three hours—mentioning several places he visited. On his cross-examination, the District Attorney, after defendant had stated that he could not say where he got the pistol, asked him the following questions, and received the following answers: “Did you get a pistol at the…
1Opinion of the Court
By the Court:
The first ground of error relied upon is, that the Court erred in requiring the defendant to exercise his right of peremptory challenge prematurely, and before twelve jurors had been procured whom the Court decided to be competent and qualified. But the action of the Court was in strict accordance with the ruling of this Court in People v. Scoggins, 37 Cal. 676, and was correct, unless that case is to be now overruled. After a careful reconsideration of the question, we adhere to the ruling in that case as to the method to be pursued in impaneling a jury in a criminal action.
On…
2Cases cited1 opinion
- People v. ScogginsCalifornia Supreme Court · 1869
3Cited by14 opinions
- People v. SuttonCalifornia Supreme Court · 1887
- People v. EbanksCalifornia Supreme Court · 1897
- People v. RozelleCalifornia Supreme Court · 1888
- People v. IamsCalifornia Supreme Court · 1880
- State v. RileyUtah Supreme Court · 1911
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