People v. O'Neil

Citations

• 48 Cal. 257

Syllabus

<p>Juey hí Cbiminal Case.—A jury in a criminal case must, within the meaning of the constitution, consist of twelve men. The defendant cannot consent to be tried by a jury composed of a less number.</p> <p>Indictment.—An indictment which charges the defendant with feloniously assaulting a female, by throwing her on her back, and attempting to have sexual intercourse with her, with intent to outrage her person, does not charge an assault with intent to commit rape.</p> <p>Allegation in Indictment.—An indictment must allege that the offense was committed within the county in which it is found.</p>