People v. O'Brien
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The defendant, James O’Brien, was accused by information, jointly with Francis White, Matthew Sullivan, and James McCIuskey, of the crime of robbery, committed upon one J. J. Merz, on the 15th of April, 1890. The defendant, O’Brien, was tried separately, and convicted of the offense charged. Further facts are stated in the opinion of the court.
1Opinion of the CourtSharpstein, J.
One point presented by the brief of appellant’s counsel is, “that the defendant was tried by at least one, if not two, jurors who were never summoned as jurors in the case.”
The two jurors who are alleged to have sat upon the jury without being summoned were G. H. Ganivan and Theo. Zina. Among the names of those duly summoned, the two which most nearly resemble the two above mentioned were G. H. Garwin and Theo. Zen a. How a person whose name was not upon the list of those summoned by the sheriff could be called, accepted, sworn, and permitted to sit as a juror in the trial of a case is not…
2Cases cited4 opinions
- People v. FairCalifornia Supreme Court · 1872
- People v. MortierCalifornia Supreme Court · 1881
- People v. EddyCalifornia Supreme Court · 1872
- People v. MaddenCalifornia Supreme Court · 1888
3Cited by20 opinions
- People v. LindenCalifornia Supreme Court · 1959
- People v. BostickCalifornia Supreme Court · 1965
- State v. GeelanSouth Dakota Supreme Court · 1963
- People v. DanielsCalifornia Court of Appeal · 1948
- State v. ColemanSouth Dakota Supreme Court · 1904
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