People v. Mortimer
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, County of Sacramento. The defendant was indicted for the crime of murder in Trilling Mary Shaw alias Mary Gibson, and was convicted of murder in the first degree.
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Appeal from the District Court of the Sixth Judicial District, County of Sacramento. The defendant was indicted for the crime of murder in Trilling Mary Shaw alias Mary Gibson, and was convicted of murder in the first degree. The offense was committed on the 19th day of September, 1872; the indictment was found on the 27th day of November, 1872, and the trial took place in March, 1873. The Penal Code went into effect at twelve o’clock m. on the first day of January, 1873. The defendant appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court:
The questions to be determined on this appeal are: First— Did the Court below err in directing that the counsel for the prosecution open and conclude the argument to the jury, there being two counsel on each side? Second—Did the Court err in refusing to continue the cause on the application of the defendant ? Third—Ought a new trial to have been granted, on the ground that after the verdict was rendered the defendant ascertained for the first time that the juror McLaughlin, before the jury was impaneled, had formed and expressed an unqualified opinion as to the guilt of the…
2Cases cited1 opinion
- People v. FairCalifornia Supreme Court · 1872
3Cited by27 opinions
- Tapia v. Superior CourtCalifornia Supreme Court · 1991
- Barnes v. BarnesCalifornia Supreme Court · 1892
- People v. WardCalifornia Supreme Court · 1958
- Murphy v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. KalckSupreme Court of Pennsylvania · 1913
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