People v. Buckley (1874) · DecisionDepot

People v. Buckley

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

California Supreme Court Jul 1, 1874 No. No. 10,096Published

Before: McKinstry

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Holding. The court held that a verdict of 'Guilty of murder in the second degree' is sufficient and that a challenge for 'implied bias' is legally insufficient without specific grounds.

Issues

Whether a verdict of 'Guilty of murder in the second degree' is sufficient.
Whether a challenge to a juror for 'implied bias' without further specification is proper.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The verdict would have been sufficient if it had been simply “Guilty of murder in the second degree.””

““I challenge the juror for implied bias.” This was not a proper specification of the grounds of challenge.”

Synopsis

Verdict in Criminal Case.—“We the jury agree that the defendant is guilty of murder in the second degree” is a good verdict, both in substance and form.

Challenge to Juror.—A challenge to a juror for implied bias must specify the grounds of the challenge.

By the Court, McKinstry, J.: The verdict is good. When the jury ' ‘ agree ” they ‘' find ” if they return their agreement into Court. The verdict would have been sufficient if it had been simply “Guilty of murder in the second degree.”

The defendant challenged a juror thus: “I challenge the juror for implied bias.” This was not a proper specification of the grounds of challenge. (People v. Reynolds, 16 Cal. 130; People v. Renfrow 41 Cal. 37.)

Judgment and order affirmed.

Neither Mr. Justice Crockett nor Mr. Justice Rhodes expressed an opinion.

People v. Buckley

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