People v. Brotherton

Citations

• 47 Cal. 388

Syllabus

<p>Competency of Jubob.—The burden of establishing the incompetency of a juror is cast upon the party asserting it. The juror is presumed to be competent until his incompetence is affirmatively established.</p> <p>Challenge to Jubob fob Implied Bias.—The Appellate Court will not 'overrule the action of the Court below in denying a challenge for implied bias made to a juror in a criminal case, even where the answers of the juror appear contradictory, unless it is apparent that the Court below abused its discretion.</p> <p>Obdeb of Pboof en Cbiminal Case.—When two are jointly indicted, the prosecution may, on the trial, prove the declarations and acts of one made and done in the absence of the other, before proving the conspiracy between the-defendants, provided proof of such conspiracy is after-wards made.</p> <p>Pobgeby.—The alteration of a check already made, with intent to defraud another, is forgery.</p> <p>Bule of Evidence as- to Expebts.—On a trial for forgery committed by altering a check, by extracting writing therefrom and writing new words or figures in place thereof, a witness, who is not called as a scientific expert, may testify as to the chemical effect a powder, found in the possession of the defendants, had on writing in a check similar to that by the alteration of which the forgery was committed, and the check upon which the effect testified to by the witness was produced may be exhibited to the jury.</p> <p>Pboof of Evidence of Deceased Witness.—On a second trial for an alleged crime, the prosecution may prove what a witness, who has died since the former trial, testified to on that trial.</p> <p>Pbesumption ■ in Suppoet' oe Judgment.—It will be presumed in support of a judgment in a criminal case, that testimony introduced by the prosecution worked no injury to the defendant, if the testimony is not contained' in the record..</p> <p>Eeboe Sufficient .to’ Bbvebse Judgment.—That a technical error was committed by the Court during a criminal trial is