People v. Ah You (1873) · DecisionDepot

People v. Ah You

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1873 No. No. 10,058Published

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Holding. The court held that a defendant has the right to exercise a peremptory challenge against a juror at any time before the juror is sworn to try the cause, and the trial court's denial of such a challenge constitutes reversible error.

Issues

Whether a defendant may exercise a peremptory challenge to a juror after the juror's name is drawn but before the juror is sworn to try the cause.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“a defendant in a criminal action has a right to interpose a peremptory challenge to a juror at any time after his name is drawn, and before he is sworn to try the cause.”

“Disallowance of the challenge was error for which the judgment must be reversed.”

Synopsis

Challenge to Jueobs.—A defendant in a criminal action has a right, under Section 1,068, Penal Code, to interpose a peremptory challenge to a juror at any time after his name is drawn and before he is sworn to try the cause.

By the Court: By the provisions of Section 1,068 of the Penal Code, a defendant in a criminal action has a right to interpose a peremptory challenge to a juror at any time after his name is drawn, and before he is sworn to try the cause. It appears from the bill of exceptions that none of the jurors had been sworn to try the cause at the time the challenge to the juror Davis was offered. Disallowance of the challenge was error for which the judgment must be reversed.

Judgment reversed and cause remanded for a new trial.

People v. Ah You

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