People v. Brown (1886) · DecisionDepot

People v. Brown

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

California Supreme Court Sep 1, 1886 No. No. 20,177Published

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Holding. The court affirmed the judgment and order, finding no error in the trial court's rulings regarding juror challenges, the admission of expert testimony and deposition evidence, or the jury instructions.

Issues

Whether the trial court erred in denying challenges to jurors for actual bias.
Whether the trial court erred in admitting testimony from Drs. Geary and Ayer.
Whether the trial court erred in admitting the deposition of Sharon.
Whether the trial court erred in its jury instructions.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“They were challenged for actual bias, and no exception is by law allowed on such ruling”

“In the instructions given by the court we find no error. They fairly presented the law to the jury.”

Synopsis

Jury—Challenge.—No Exception Lies to a Ruling denying a challenge to a juror for actual cause.

Evidence—Medical Expert—Person’s Ability to Make Affidavit.—Upon trial of an indictment for preparing a false affidavit, held proper to ask medical experts whether the person making the affidavit, who was ill at the date thereof, was at the time able to make such a statement as appeared in the affidavit.

By the COURT. We have examined the points presented on behalf of the appellants, and we find no error in the rulings of the court below, nor in the instructions. The court did not err in denying the challenges to jurors. They were challenged for actual bias, and no exception is by law allowed on such ruling: Pen. Code, sec. 1170; People v. Cotta, 49 Cal. 166; People v. Vasquez, 49 Cal. 560; People v. Taing, 53 Cal. 602; People v. Riley, 65 Cal. 107, 3 Pac. 413. The court did not err in its ruling permitting the questions objected to to be put to Drs. Geary and Ayer. The court did not err in its ruling admitting in evidence the deposition of Sharon: People v. Cunningham, 66 Cal. 668, 4 Pac. 1144, 6 Pac. 703, 846. In the instructions given by the court we find no error. They fairly presented the law to the jury. There was no error in the instructions asked by defendants and refused.

Judgment and order affirmed.

People v. Brown

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