People v. Mortimer

Citations

• 46 Cal. 114

Syllabus

<p>Ex Post Facto Law. — A law changing the forms of procedure by which persons accused of crime are to be tried for offenses committed before the law was passed, is not an ex post facto law.</p> <p>Forms of Procedure in Criminal Cases. — Persons accused of crimes alleged to have been committed before the Penal Code took effect, are to he tried in accordance with the forms of procedure provided in the Code. Argument of Counsel in Criminal Cases. — In criminal cases tried since the Penal Code took effect, the District Attorney must open and may conclude the argument, even if the offence was committed before the Code took effect.</p> <p>Continuance in Criminal Case. — If the facts shown on an application for a continuance in a criminal case cast suspicion on the good faith of the application, and induce the belief that it was intended only for delay, the Court will not abuse its discretion in refusing it.</p> <p>New Trial on Ground of Bias of Juror. — The fact that, after a verdict of guilty has been rendered, the accused ascertains for the first time that before the jury was empaneled a juror had formed and expressed an opinion as to his guilt, is not a ground for a new trial.</p>