People v. Davis

Citations

• 4 Cal. Unrep. 524
• 36 P. 96

Syllabus

<p>Jurors—Prejudice.—A Juror on His Voir Dire was Asked by the defense if he had any special prejudice against offenses “committed during Sunday broils.” The district attorney, objecting, remarked that no one broiled but defendant. The juror was accepted without challenge. Held, no prejudice.</p> <p>■ Jurors—Qualification.—Where a Juror Understands English “pretty well,” but will not say that he could always understand what anyone might say in English, it is for the court to decide whether he is competent to comprehend all that might be said in his hearing.</p> <p>Criminal Trial—Admission of Evidence Taken at Preliminary Examination,—A subpoena for the prosecuting witness, a farm laborer, issued more than two weeks before the trial, and like writs sent and specially commended to the sheriffs of four adjoining counties, were all returned unserved. The county officer testified that inquiry had been made of the farmers in the chief towns of the county, and all over the county. Held, a predicate for a sworn stenographer’s report of his evidence in the preliminary examination.</p> <p>Criminal Trial—Admission of Evidence Taken at Preliminary Examination.—On error assigned to the admission of the reporter’s record of evidence on preliminary examination, the certificate, if not set out in the record, is presumed to have been in proper form.</p> <p>Criminal Trial—District Attorney Beading Instructions.—There is no objection to the district attorney’s reading to the jury parts of the court’s instructions, if the court permits.</p> <p>Criminal Trial.—In the Absence of a Plea of Insanity? evidence that defendant had long ago been hit on the head and mentally and physically injured is immaterial.1</p> <p>Assault.—An Assault With a Knife, where prosecutor is cut on the head and neck, is not a simple assault.</p>