People v. Gehr
California Supreme Court
Appeal from the County Court of Nevada County. Indictment for robbery. On the trial of this cause, one R. R. Craig, who was being examined upon his voir dire, touching his qualification as a juror, answered that he had formed and expressed an opinion as to the guilt or innocence of the prisoner, and that he then believed the prisoner to be guilty of the offence charged; that this opinion was formed from rumor, on the supposition that the rumor was true, and that testimony…
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Appeal from the County Court of Nevada County. Indictment for robbery. On the trial of this cause, one R. R. Craig, who was being examined upon his voir dire, touching his qualification as a juror, answered that he had formed and expressed an opinion as to the guilt or innocence of the prisoner, and that he then believed the prisoner to be guilty of the offence charged; that this opinion was formed from rumor, on the supposition that the rumor was true, and that testimony would alter or remove it; that he thought he could try the case without bias or prejudice, but it would require proof to…
1Opinion of the Court
Terry, C. J., after stating the facts, delivered the opinion of the Court—Burnett, J., concurring.
The decision of the Court upon the competence of the juror, was directly in conflict with the-statute law, as well as the former rulings of this Court. See People v. Cottle, July Term, 1856; and People v. Stewart, January Term, 1857.
The act to regulate proceedings in criminal cases, section three hundred and forty-seven, prescribes as cause of challenge to a juror, the “having formed, or expressed an unqualified opinion that the prisoner is guilty or not guilty of the offence charged.”
The…
2Cited by6 opinions
- State v. MillainNevada Supreme Court · 1867
- Polk v. StateSupreme Court of Arkansas · 1885
- Quill v. Southern Pacific Co.California Supreme Court · 1903
- Territory v. KennedyMontana Supreme Court · 1880
- Shane v. Butte Electric Ry. Co.Montana Supreme Court · 1908
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