People v. McGungill

Citations

• 41 Cal. 429

Syllabus

<p>Challenge of Jubob fob Implied Bias.—A challenge of a juror for implied bias must state some one of the causes enumerated in section three hundred and forty-seven of the Criminal Practice Act. To say a juror is challenged for implied bias is no challenge.</p> <p>Disallowance of Challenge as Pee judice.—-If a party attempt to challenge a juror for implied bias, and, the challenge being disallowed, he then challenge peremptorily, and if it does not appear affirmatively that he had exhausted his peremptory challenges at the time a full panel was sworn, he is not prejudiced by the disallowance of his attempted challenge.</p> <p>Defendant as a Witness fob Himself.—The fact that a defendant offers himself as a witness in his own behalf does not change or modify the rules of practice, with reference to the proper limits of a cross examination, and does not make him a witness for the State against himself.</p> <p>Comments of Counsel to Jury.—In such a case, it is irregular for the counsel for the prosecution, against the objections of the defendant’s counsel, to comment, in his argument to the jury, upon the refusal of the defendant to be cross-examined to the whole case; and for the Court to permit a continuation of such comments, against such objection, is erroneous, and prejudicial to the rights of the defendant.</p> <p>Principal and Accessory.—Under an indictment which charges a defendant as principal, he cannot be found guilty, if the evidence shows him to have been an accessory before the fact.</p>