People v. Brannigan
California Supreme Court
Appeal from the Court of Sessions of Sacramento County. . The defendant was indicted for the crime of rape, and was convicted.
Read the full summary
Appeal from the Court of Sessions of Sacramento County. . The defendant was indicted for the crime of rape, and was convicted. “ A motion for new trial was made by him, in support of which he filed an affidavit setting forth, among other things, that the jury after they had retired under charge of an officer to deliberate upon their verdict separated without leave of the Court, or consent of the parties; also setting forth that they -were taken by the officer across the street to a hotel for the purpose of taking dinner; that while there the proprietor of the hotel had a conversation with one…
1Opinion of the CourtField, C. J.
Cope, J. and Norton, J. concurring.
The statute regulating proceedings in criminal cases provides that when the jury do not agree, after a case has been submitted to them, without retiring for deliberation, one or more officers shall be sworn “ to keep them together in some private and convenient place, and not to permit any person to speak to them, nor to speak to them themselves, unless it be to ask them whether they have agreed upon a verdict, and to return them into Court when they have so agreed.” (Sec. 402.) And it empowers the Court to grant a new trial “ when the jury have separated…
2Cited by23 opinions
- In Re WinchesterCalifornia Supreme Court · 1960
- People v. StokesCalifornia Supreme Court · 1894
- People v. ChuckCalifornia Supreme Court · 1889
- People v. SassounianCalifornia Court of Appeal · 1986
- People v. LearyCalifornia Supreme Court · 1895
18 more not listed; retrieve them via the Exa API.