People v. Manahan

Citations

• 32 Cal. 68

Syllabus

<p>Grand Jury.—If there is more than one person in custody awaiting the action of the grand jury, and out of the grand jurors summoned the first thirteen are impanelled as a giand jury for the term, and three of these have formed an opinion as to the guilt of one of the persons in custody, and are challenged by him for that reason, the Court may direct the jury to pass on all the cases except that of the challenger, and summon a special grand jury to pass on his case.</p> <p>Idem.—In such case the Court need not empanel another grand jury to consider the challenger's case, by taking the ten who were qualified, and filling up the remainder of the panel out of the other jurors in attendance who had been summoned,* but may in its discretion summon an entire new grand jury.</p> <p>Evidence as to Time Crime was Committed.—If, on the trial on an indictment for rape, charged to have been committed in January, 1865, the witness by whom the prosecuting attorney expects to prove the crime, in answer to his question whether at that time the defendant made propositions to her, states acts of his not amounting to the offense charged, this does not prohibit him from proving by her the commission of the offense at a time other than that before referred to by the witness.</p>