People v. Plummer

Citations

• 9 Cal. 298

Syllabus

<p>It is not error in the Court, on a trial for murder, to postpone the consideration of a motion on the part of the defendant, for a change of venue, until an attempt is made to empannel a jury.</p> <p>Where a motion is thus postponed, and counsel for prisoner afterwards declines, on the intimation of the Court, to renew the motion, he cannot take advantage, on appeal, of the failure of the Court to order a change of venue.</p> <p>The declaration of a juror, before trial, that “the people ought to take prisoner out of jail and hang him,” renders him incompetent to try the case, and where a verdict of guilty has been found by such juror, the Court should grant a new trial.</p>