People v. Cottle
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Amador. The appellant was convicted of murder in the Court below. On the trial, one of the jurors, on his examination as to bias and qualification, said, “ I have not formed or expressed an unqualified opinion or belief as to the guilt or innocence of the defendant; but I have expressed an opinion in this case as to the guilt or innocence of the prisoner. My opinion was formed upon what I had heard.
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Appeal from the District Court of the Fifth Judicial District, County of Amador. The appellant was convicted of murder in the Court below. On the trial, one of the jurors, on his examination as to bias and qualification, said, “ I have not formed or expressed an unqualified opinion or belief as to the guilt or innocence of the defendant; but I have expressed an opinion in this case as to the guilt or innocence of the prisoner. My opinion was formed upon what I had heard. At the time I expressed it, I expressed no qualification whatever. The opinion I expressed depended on the truth or falsity…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
On the trial of this cause in the Court below, one of the jurors stated *228that “ he had expressed an opinion in the ease which was dependent upon what he had heard at the time he so expressed it, and that at the time he so expressed it, he expressed no qualification.”
The statute of this State provides, that having formed or expressed an unqualified opinion, as to the guilt or innocence of the prisoner, shall be a ground of challenge.
It is argued by the Attorney General, that there is a difference…
2Cited by5 opinions
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