Legal Opinion

People v. Turner

California Supreme Court

Decided July 1, 1870No. 2,431PublishedCited by 33 opinions

Appeal from the County Court of Los Angeles County. The defendant was Mayor of the City of Los Angeles, and was indicted for wilfully and unlawfully receiving, selling and transferring certain scrip and warrants on the treasury of said city, etc., under the Act of the 4th of May, 1852, “To prevent certain officers from dealing in certain securities or evidences of debt,” On the trial, the jury brought in a verdict of “guilty,” whereupon the defendant moved for a new trial,…

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Appeal from the County Court of Los Angeles County. The defendant was Mayor of the City of Los Angeles, and was indicted for wilfully and unlawfully receiving, selling and transferring certain scrip and warrants on the treasury of said city, etc., under the Act of the 4th of May, 1852, “To prevent certain officers from dealing in certain securities or evidences of debt,” On the trial, the jury brought in a verdict of “guilty,” whereupon the defendant moved for a new trial, upon the ground, among others, of the misconduct of one or more of the jurors, and the exercise of improper influence…

1Opinion of the CourtSprague, J.

After an issue of fact is joined in a criminal case, every step thereafter taken for the purpose of a determination of that issue, in the Court where the cause is pending, up to and including the verdict upon such issue, must be regarded as a step or proceeding -“arising during the course of the trial,” within the- meaning of Section 440 of our Criminal Practice Act; hence, any substantial error of the Court upon any matter or question intervening between the joining of issue of fact and the rendition of a verdict thereon, and any misconduct of a juror, who participates in the verdict, from…

2Cases cited1 opinion

  1. People v. BranniganCalifornia Supreme Court · 1863

3Cited by33 opinions

  1. People v. StokesCalifornia Supreme Court · 1894
  2. People v. ChuckCalifornia Supreme Court · 1889
  3. People v. GallowayCalifornia Supreme Court · 1927
  4. People v. DarcyCalifornia Court of Appeal · 1943
  5. People v. GarciaCalifornia Court of Appeal · 1929

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