Legal Opinion

People v. Brotherton

California Supreme Court

Decided July 1, 1874No. 10,041PublishedCited by 37 opinions

Appeal from the Municipal Criminal Court of the City and County of. San Francisco. George L. Howard, George Brotherton, and Lewis Brotherton were jointly indicted for having, on the fourteenth day of May, 1870, forged a check, of which the following is a copy: “ No. 1251, San Francisco, May 14th, 1870. “The Bank of California pay to Hickox and Spear, or order, Fourteen Thousand Five Hundred and Sixty-one -JyL Dollars.

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Appeal from the Municipal Criminal Court of the City and County of. San Francisco. George L. Howard, George Brotherton, and Lewis Brotherton were jointly indicted for having, on the fourteenth day of May, 1870, forged a check, of which the following is a copy: “ No. 1251, San Francisco, May 14th, 1870. “The Bank of California pay to Hickox and Spear, or order, Fourteen Thousand Five Hundred and Sixty-one -JyL Dollars. “14,561 Treadwell & Co.” Upon the trial, D. Hicks, a juror, having been called and sworn, on his examination by defendants’ counsel, gave the following answer to the…

1Opinion of the Court

By the Court, Wallace, C. J.:

The appeal is taken by the defendants from an order denying their motion for a new trial upon an indictment for the crime of forgery.

1. The first point made is that the challenge interposed by the prisoners to the juror Hicks was improperly overruled. The ground of the challenge was, that he had formed an unqualified opinion as to the guilt of the prisoners. It is unnecessary to go over the details of the examination of Hicks, and his answers made to the numerous questions put to him upon the point involved in the challenge. Some of his answers as to the nature of…

2Cases cited2 opinions

  1. People v. MurphyCalifornia Supreme Court · 1872
  2. People v. WilliamsCalifornia Supreme Court · 1872

3Cited by37 opinions

  1. People v. GlazeCalifornia Supreme Court · 1903
  2. Sapp v. StateCourt of Criminal Appeals of Texas · 1919
  3. People v. NelsonCalifornia Supreme Court · 1880
  4. People v. HarrisCalifornia Supreme Court · 1914
  5. Harrell v. StateSupreme Court of Florida · 1920

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