People v. Colmere

Citations

• 23 Cal. 631

Syllabus

<p>Wheke one charged with crime has been arrested and held to answer for the offense before the impanneling of the grand jury by which an indictment is found against him, he cannot move to set aside the indictment on the ground that the grand jurors who found the same had formed and expressed an opinion that he was guilty of the offense charged, prior to their being impanneled.</p> <p>Quere ? Does that provision of the Criminal Practice Act which provides, that the trial jury shall “ at each adjournment of the Court ” be admonished by the Court, that it is their duty not to converse among themselves, or with any one else, on any subject connected with the trial, or to form or express any opinion .thereon until the case is finally submitted to them, apply to a temporary recess ?</p> <p>If, during the trial of a criminal action, the Court, before an adjournment, neglect to charge the jury, as required by Sec. 394 of the Criminal Practice Act, the judgment for that reason will not be reversed, unless it is shown, that the defendant sustained some injury thereby, by the jurors conversing among themselves or with others on subjects connected with the trial, or by forming or expressing an opinion thereon, during the adjournment.</p>