People v. Collins

Citations

• 105 Cal. 504
• 39 P. 16
• 1895 Cal. LEXIS 684

Syllabus

<p>Criminal Law — Indictment — Jurisdiction or State and Federal Courts—Pleading—Matter or Detense.—The jurisdiction of the state being general over persons within its limits, and that of the United States being exceptional over places purchased for specified uses of the general government, it is not necessary, in an indictment or information in the state courts, to negative the jurisdiction of the federal courts, but, if the federal courts have exclusive jurisdiction over the offense, it is matter of defense simply.</p> <p>Id.—Federal Jurisdiction or Crimes—Ownership or Land.—The mere ownership by the United States of land or property within the county does not show any federal jurisdiction over crimes committed upon ig unless the ownership is shown to have been acquired by purchase with the consent of the legislature, or under the power of eminent domain authorized by the legislature.</p> <p>Id.—Question or Fact—Judicial Notice.—Federal jurisdiction involves a question of fact as to the acquisition of property by the United States by purchase, or under proceedings to condemn it, of which the courts will not take judicial notice.</p> <p>Id.—Impanelment or Jury—Failure or Jurors to Respond.—Where, during the formation of a jury during the trial of a criminal cause, one of the venire men failed to respond to his name when called by the clerk, it is not error for the court to refuse to delay the proceedings until such venire men can be brought into court by attachment, where there are present more than enough of venire men to fill the panel of jurors.</p> <p>Id.—Attachment of Jurors—Discretion.—Whether an attachment shall issue for absent jurors who have been summoned and failed to respond to their names when called by the clerk is within the discretion of the court; and the defendant has no absolute right under the law to have the first juror called present to be examined before he is required to proceed.</p> <p>Id.—Bias of Jurors—Newspaper Statements.—Where the exam