About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

8 Crim. L. Mag. & Rep. 503 (1886)
Commitment - Evidence of Character - Assault with Deadly Weapon - Impeachment of Witness

handle is hein.journals/clmr8 and id is 545 raw text is: PEOPLE V. RODRIGO. remptory challenges in one trial as twenty-four with six such chal- lenges in two trials. The end sought by peremptory challenges, as well as for cause, is intelligent, fair, and impartial jurors. . The appellant also objects to Phillip Grill as a juror, because it was alleged that the evidence did not show that he was a citizen of the United States. It does not appear from the record that the defendant exhausted his peremptory challenges, nor does it appear that the record contains all the evidence touching the citizenship of the juror. The evidence heard by the court satisfied it that t he juror was a citizen. We must therefore presume that the evidence heard was sufficient to justi fy the finding of the court. We find no error in this record, and therefore affirm the judgment of the court below. BOREMAN and POWERS, JJ., concur. COMMITMENT - EVIDENCE OF CHARACTER- ASSAULT WITH DEADLY WEAPON- IMPEACHMENT OF WITNESS. California Supreme Court, Mfay, 1886. PEOPLE V. R ODRIGO. 4n information will not be quashed, on the ground of illegality of the commit- ment, merely for slight informality or irregularity before the c6mhiitting magis- trate; lut it must at least.appear that the defendant was deprived of some sub. §tantial right. The mere omission by the district attorney or magistrate to ask of a witness his profession or business could not affect' iny substantial right of a defendant. Until it is shown that a witness has lived in the same county with or knows the defendant's general reputation' in the county, it is not prope r to question him in regard :thereto. There is no error in instructing a jury, on a trial for assault with a deadly weapon, that a deadly iweapon is any weapon, or instrument by which death may be produced, or would be likely to be produced, when being used in the manner in which it may appear it w.as u ed in the affray. The jury are the judges ,ts to whether the weapon was .or was not a deadly Weapon.'. 'in a prosecution for assau!t with a deadly weapon, lt is not proper to instruct the jury that they must ,nd defendant not guilty if they entertain a reasonalle doubt, tht ie acted n'der a :easgnable appfelietision of great bodily injuiy. If such a state of facts existed, till 'the defendant would not be justified, unless .the use of a deadly .weapon yas necessary to prevent the injury.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most