People v. Roberts

Citations

• 6 Cal. 214

Syllabus

<p>Though the appointment of a sheriff by a county judge was void, yet the acts of such sheriff, as a de facto officer, are good.</p> <p>The declaration of a grand juror that he is a naturalized citizen, should be received by the Court as prima facie true, and proof thereof, by actual production of the papers, is unnecessary.</p> <p>A grand jury must be composed of not less than seventeen, all of whom, however, need not be present at the finding of an indictment, provided that twelve concur in finding the indictment.</p> <p>Where the prisoner was present at the empanneling of the grand jury, and challenged particular jurors, and his challenge was overruled, and he was indicted for murder, and the cause was transferred for trial to the District Court, it is too late to except to the whole panel. His exceptions should have been urged in the Court of Sessions, The fact that the appointment of a foreman of the grand jury was not entered on the minutes of the Courtis not material, where the indictment is endorsed by the foreman and returned to the Court.</p> <p>Instructions in civil and criminal trials should be drawn with some slight reference to the case as made by the evidence,</p> <p>Evidence of character can only be considered in relation to the particular crime charged, in cases where the guilt of the accused is doubtful.</p> <p>It is the duty and province of the jury to draw the inference of express malice from the facts and circumstances of the case, and the Court properly refused to instruct the jury that there was no evidence of express malice.</p> <p>The Court may properly refuse instructions, which, though technically correct, have no application to the case as made by the evidence, and might tend to mislead the jury.</p>