· 10/15/1871

People v. Ah Ying

Citations

  • 42 Cal. 18

Syllabus

<p>Construction oe Statute—Legal Session oe Court.—Under the Act of March 1st, 1864, a District Judge may adjourn a general term of his Court in one county over an intervening term in another county. The term so adjourned is a continuation of the regular term.</p> <p>Idem.—The Act of April 20th, 1863, concerning Courts of justice and judicial officers, was intended to prevent the loss of a term; and it does not apply after the Judge has once appeared and commenced to hold Court.</p> <p>Present Insanity—Duty oe Court.—No plea of present insanity is required. If, at any time during the proceedings in a criminal trial, a doubt' arises as to the sanity of the defendant, it is the duty of the Court, of its own motion, to suspend further proceedings in the case until the question of sanity has been determined.</p> <p>Idem—Eight and Power oe Counsel.—Counsel for the defendant cannot waive an inquiry as to the question of the sanity of the defendant, nor can he compel the Court to enter upon such an inquiry, where no ground for such doubt exists.</p>

Judges: Sprague, Temple

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