Legal Opinion

People v. Weil

California Supreme Court

Decided October 15, 1870No. 2,497PublishedCited by 21 opinions

Appeal from tire County Court of Calevaras County. Defendant was convicted of tbe crime of “grand larceny.” He moved for a new trial, wbicb was denied, and be appealed from tbe judgment- and from tbe order denying a new trial, Tbe other- facts are stated in tbe opinion.

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Appeal from tire County Court of Calevaras County. Defendant was convicted of tbe crime of “grand larceny.” He moved for a new trial, wbicb was denied, and be appealed from tbe judgment- and from tbe order denying a new trial, Tbe other- facts are stated in tbe opinion. It was decided in tbe case of tbe People v. Qatewood, (20 Cal. 149), and in People v. Gaunt (23 Id. 157), that tbis Court will not review tbe ruling of a Court below upon a challenge for cause in cases where tbe juror objected to is afterward peremptorily challenged and does not sit on tbe trial, and the defendant has…

1Opinion of the Court

Sprague, 3.,

delivered tbe opinion of tbe Court:

Tbe first point made by appellant in bis brief is that tbe *270Court erred to Ms prejudice in denying Ms challenge for implied bias of Eiley Senter as a trial juror.

As appears from tbe record, during tbe impaneling of tbe jury for tbe trial of tbe cause, “ one Eiley Senter was called, as a juror, and was sworn upon Ms voire dire to answer questions concerning Ms competency, and in answer to sucb questions — upon Ms direct examination- — stated: I bave formed a fixed, decided opinion in regard to tbe guilt or innocence of tbe defendant; my opinion is…

2Cited by21 opinions

  1. People v. DurrantCalifornia Supreme Court · 1897
  2. Melone v. Sierra Ry. Co. of Cal.California Supreme Court · 1907
  3. State v. RaymondNevada Supreme Court · 1876
  4. State v. ThorneUtah Supreme Court · 1912
  5. People v. HelmCalifornia Supreme Court · 1907

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