People v. Deegan

Citations

• 88 Cal. 602
• 26 P. 500
• 1891 Cal. LEXIS 745

Syllabus

<p>Criminal Law — Larceny — Evidence — Cross-examination — Conversation with Defendant. — Upon the trial of a defendant charged with larceny, a witness for the prosecution who had merely testified that he saw the defendant on the night of the alleged stealing, but had not testified in chief as to having any conversation with him, cannot be cross-examined in relation to such conversation, nor can the defendant introduce such conversation in evidence in his own behalf.</p> <p>Id. — New Trial — Misconduct of Jury — Affidavit of Juror — An affidavit of a juror seeking to impeach the verdict for his own misconduct is not admissible, and cannot be used upon a motion for a new trial.</p> <p>Id. — Intoxication of Juror. —The fact that a juror drank intoxicating liquors out of court, and that at the recess on the day the verdict was rendered he-was for a time under its influence, does not vitiate the verdict, if it appears from the affidavits of other jurors and the officer in charge of the jury that the juror, while sitting or deliberating as a juror, was sober, intelligent, and in a fit condition to understand and deliberate upon the evidence, and determine the verdict.</p> <p>Id. —Intoxication in Court. — If a juror is palpably intoxicated in court, the defendant should object to his serving, before the jury is permitted to retire.</p>