84 P. 204 | Cal. | 1906
Defendant was tried and convicted of the crime of murder, and the death penalty was imposed. He appeals from the judgment and from the order denying his motion for a new trial.
Section
It may, however, be added that this court in its natural reluctance to deny a hearing to an appellant under sentence of death, has carefully examined the alleged errors presented upon the appeal, and find them, one and all, to be without merit. The single proposition presented upon the appeal is that the court erred in its rulings to the challenges of defendant to certain of the jurors, which challenges, after examination, were interposed for cause. The defendant had exhausted his peremptory challenges. As to each of the jurors the case was the usual one, where they had heard common rumors and reports and had read the newspapers. From these rumors and from their reading, they had formed opinions which would require evidence to remove. At the same time they could and would, if sworn as jurors, set aside their opinions and be influenced solely by the evidence and by the law, and would require the prosecution by its evidence to prove the guilt of the defendant beyond a reasonable doubt, or they would "vote to set him free." The case thus presented comes within the rule as declared in People v. Owens,
For the foregoing reasons the judgment and order appealed from are affirmed.
McFarland, J., Angellotti, J., Shaw, J., and Lorigan, J., concurred.