People v. Doyell

Citations

• 48 Cal. 85

Syllabus

<p>Teems of County Courts.—The Code of Civil Procedure only purports to deal with the times when the terms of the County Court should be commenced after it went into operation, on the first day of January, 1873.</p> <p>Effect of Code of Civil Procedure .on terms of Courts.—The fact that the Code of Civil Procedure, approved March 11th, 1872, fixed'the time when the terms of a County Court should commence, and repealed a prior statute also fixing the times of their commencement, did not suspend the business of the Court prior to the first day of January, 1873, nor affect the general law which required a term to be continued until the business of the Court was disposed of; nor did it, when it went into effect, put an end to a term then in progress, commenced on the second Monday in December, 1872.</p> <p>Idem.—The effect of the repealing clause on the prior statute fixing the terms was, to declare that the terms should not thereafter begin on the days mentioned by virtue of any authority derived from the statute repealed.</p> <p>Indictment—When may be Found.—A Grand Jury in Sierra County, convened at a term of the County Court, commencing on the second Monday in December, 1872, had jurisdiction to find an indictment after the Code of Civil Procedure went into effect, January 1, 1873.</p> <p>Juror may be Witness.—A juror is not disqualified from becoming a witness in a proper case, hut public policy prohibits him from impeaching his own verdict by an affidavit, that a juror made statements in the jury room, of matters not in evidence.</p> <p>Impeachment of Witness.—When an attempt is made to impeach a witness, by proving former statements made by him in conflict with what he has stated before the Court, his credit cannot be sustained by proof that he made to other persons, before being called as a witness, the same statement detailed in his testimony.</p> <p>Idem.—Such statements made by the -witness may, however, be admissible in contradiction of evidence tending to s