23 Cal. 631 | Cal. | 1863
delivered the opinion of the Court—Norton, J. concurring.
The record shows, that he was duly held to answer to the crime charged in the indictment on the tenth day of April, 1862; that the grand jury who found the indictment were impanneled on the twenty-ninth day of April, and the indictment was found on the thirtieth day of May, 1862. The case, therefore, comes clearly within the one hundred and eighty-ninth section of the Criminal Practice Act, which is as follows : “A person held to answer to a charge for a public offense can take advantage of any objection to the panel, or to an individual grand juror, in no other mode than that by challenge, as prescribed in the preceding section.” The preceding sections provide specifically the mode, manner, and causes of such challenges to the panel and to individual jurors. It was the duty of the defendant to exercise this right of challenge in the mode and manner prescribed by the Criminal Practice Act, and having failed to do so, he could not, under the provisions of Sec. 189, claim the right to interpose objections which would have been a proper ground of challenge at any other time or in any other mode. The objections raised in the present case are included within the grounds of challenge specified in the act. It follows, that there was no error in this action of the Court. (People v. Beattie, 15 Cal. 571; People v. Arnold, Id. 479.)
It appears that on the third day of the trial, after several adjournments had been had, at which the jury had been duly admonished
The judgment is, therefore, affirmed, and the Court below is directed to fix a time for carrying the judgment into execution.