People v. Sprague
California Supreme Court
Appeal from the District Court of the First Judicial District, Ventura County. The defendant was indicted with several others for the murder of Thomas Wallace More. The deceased claimed the title to a large tract of land upon which the defendants were living under a claim of title adverse to him.
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Appeal from the District Court of the First Judicial District, Ventura County. The defendant was indicted with several others for the murder of Thomas Wallace More. The deceased claimed the title to a large tract of land upon which the defendants were living under a claim of title adverse to him. There was evidence showing a bitter state of feeling on the part of the defendants towards the deceased, growing out of long and vexatious litigation, together with efforts on his part to eject the defendants. About one o’clock a. m., March 24th, 1877, More’s barn was set on fire; he went out of his…
1Opinion of the Court
By the Court, McKinstry, J.:
The Court below was justified in denying defendant’s motion for a continuance.
The order excluding such of the jurors as were not empanneled to try the case was not a deprivation of the right of public trial.
The wife and daughters of defendant were witnesses, and were properly included within the order which excluded from the Court-room all witnesses but the one under examination.
The Court properly held that the affidavit of a juror could not be received to impeach his verdict, and the alleged communication of the Deputy Sheriff (if it could be considered as proved)…
2Cases cited1 opinion
- People v. StrongCalifornia Supreme Court · 1866
3Cited by63 opinions
- People v. MajorsCalifornia Supreme Court · 1884
- Minich v. PeopleSupreme Court of Colorado · 1885
- People v. FlynnCalifornia Supreme Court · 1887
- People v. TreadwellCalifornia Supreme Court · 1886
- People v. OldhamCalifornia Supreme Court · 1896
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