People v. Murphy

PLUMMER, J.

The defendant was convicted of the unlawful sale of intoxicating liquors and appeals to this court from the judgment based upon such conviction and the denial of his motion for a new trial. The principal assignment of error consists in the allegation that the trial court permitted such errors during the course of the examination on

voir dire

of one C. H. Chenoweth as to preclude the defendant from having a fair and impartial trial.

During the cross-examination of such juror the following took place:

“Q. Have you any bias or prejudice against the enforcement of the Prohibition Law, Mr. Chenoweth ?

“A. Yes, sir.

. “Q. And is your bias or prejudice against the enforcement of that law such that it would cause -you to be unable to act fairly and impartially between the People of the State of California on the one side and this defendant on the other ?

“A.

No, sir; I don’t think it would. As a juror, I would have to consider my oath and weigh the testimony and render a decision accordingly.

“The Court: Q. But you said, Mr. Chenoweth, that you had a bias against the enforcement of the Prohibition Law ?

“A. Not the enforcement—I didn’t understand it that way. . . .

[740]

“A. I misunderstood that question, or I said nothing against the Prohibition Law, and I have no bias against the enforcement of any law of the country.

“Question by Hr. Henderson: Q. You believe in the enforcement, then, of the Prohibition Law, the same as any law that is upon the statute books, Mr. Chenoweth ?"

“A. Yes,- I do.

“Q. But you have a feeling of bias or prejudice against prohibition itself ?

“A. I am against it; yes, sir.”