People v. Backus

Citations

• 5 Cal. 275
• 1855 Cal. LEXIS 107

Syllabus

<p>If one ormore jurors in a criminal trial, separate without leave of the Court, so that such juror might have been improperly influenced by others, the verdict will be set aside.</p> <p>A juror has no right to separate from others, without the permission of the Court, even though the defendant’s counsel consented to it.</p> <p>Nor will the affidavit of the juror, purging his conduct from the imputation of corruption or impropriety, be admitted.</p> <p>The defendant in a criminal case has a right to question the jurors whether they have formed or expressed an opinion relative to the guilt or innocence of the accused without first challenging them for cause, and it is error to compel him to do so.</p>