People v. Brown

Citations

• 48 Cal. 253

Syllabus

<p>Transcript in Criminal Case.—A statement of the evidence in a criminal case, which is not a part of the bill of exceptions certified by the judge, will not be taken into consideration by the Appellate Court.</p> <p>Challenge to the Panel.—An amended challenge to the panel of jurors, is a substitute for the original.</p> <p>Evidence on Challenge to Panel of Jurors.—On a challenge to the panel of jurors in a criminal case, the defendant cannot offer his ex parte affidavit in evidence in support of the challenge. On such challenge there must be an oral examination of the witnesses in open Court, where they may be cross-examined.</p> <p>Idem.—A defendant cannot, by incorporating his ex parte affidavit into his statement of the grounds of challenge to the panel of jurors, make it evidence of the facts averred in the statement.</p> <p>Qualification of Jurob.—A person is not disqualified as a juror in a canse, because he has formed an opinion from what he has heard concerning the guilt or innocence of the accused which it would require evidence to remove, if the opinion is not an unqualified one, and the juror is willing to give the accused a fair trial.</p> <p>Idem.—A person is not disqualified from being a juror in a criminal case because he is unable, when questioned, to define the word “ qualified.” Possession of Stolen Pbopeety..—There is no error in charging the jury that the mere possession of stolen property will not justify a verdict of guilty, but there must be proof of other facts tending to establish the guilt of the accused; provided, all the facts in evidence prove' defendant’s guilt, beyond a reasonable doubt.</p>