The People v. Hinshaw

BURNETT, J.

There seems to be no substantial merit in this appeal from a conviction of the crime of forgery. The evidence was amply sufficient to support the verdict. It consisted in part of the confession of the defendant. This was supplemented by the testimony of a witness who positively identified appellant as the one who cashed the check and by the unequivocal denial of the genuineness of the signature by the purported maker or drawer of the instrument. Indeed, appellant does not claim that the verdict lacks sufficient support, but he relies upon certain alleged errors committed by the court in the progress of the trial.

Of these one relates to a ruling sustaining the district attorney’s objection to these questions addressed to the prospective jurors on their

voir dire:

(a) “Now, if you are accepted as a juror and you enter the jury-room to deliberate and find a verdict, and you had once voted ‘not guilty,’ would you then change your vote to one of ‘guilty’ and if so, why? (b) When you are discussing the evidence and the law after the case has been put in the hands of the jury to deliberate, and you had forgotten some part or parcel of the evidence, or the jurors did not agree upon what is given in evidence, would you accept the statement of the fellow-jurors as to what evidence was given, or would you return to the court and have it read from the record? (c) If at any time during your deliberations, if you are accepted as a juror and you are in doubt as to the law given to you by this court, would you then rely upon the statements of your fellow-juror as to what the law is as applied to the facts in this case, or would you return to the court and ask the court to further instruct you?”

Without extended consideration of these questions we may say that it would be apparently difficult for any juror to answer them definitely and intelligently in advance of the contingencies therein suggested. Moreover, it is a fair inference from the remarks of the court that each of the jurors had stated that he would take the instructions as to these mat

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ters “from the court and not anybody else.” In fact, it does not appear that the subject was not entirely covered by the other questions and answers which are not disclosed by the record.