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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.
California Supreme Court, Mfay, 1886.
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
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.

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