People v. Ryan

Citations

• 108 Cal. 581
• 41 P. 451
• 1895 Cal. LEXIS 894

Syllabus

<p>Criminal Law—Murder—Jury—Special Venire—Bias of Sheriff.— A deputy sheriff is not disqualified, under section 1064 of the Penal Code, from summoning a special venire of jurymen in a trial for murder merely because he believed that the defendant had committed the homicide, if he had no opinion as to whether or not the killing was justifiable, there being no real contention in the case that the defendant did not do the killing.</p> <p>Id.—Trial of Challenge to Panel—Examination of Sheriff as to Bias.—On the trial of a challenge to the panel, on account of the bias of the officer who summoned them, it is not improper, under section 1076 of the Penal Code, to ask such officer whether, if he were impaneled and sworn as a juror to try the case, he could and would give the defendant a fair and impartial trial, notwithstanding such officer did not base his opinion upon public rumor or newspaper statements.</p> <p>Id.—Evidence—Feeling of Witness.—A witness for the state, who had been previously prosecuted for killing the father of the defendant on the occasion at which the defendant committed the homicide for which he was being tried, cannot be asked, for the purpose of showing his feeling as a witness, whether on such previous trial he had employed counsel to defend himself.</p> <p>Id.—Impeachment of Witness.—In laying the foundation for the impeachment of the defendant, the prosecution asked a witness whether he was acquainted with the defendant’s general reputation in the community where he lived “for truth, honest, or integrity.” The defendant made no objection to the form of this question, but did object to the following question asked the witness as to what such reputation was. The court overruled the objection. Held, that as the court’s attention had not been called to the technical defect in the form of the first question, in the use of the word “or” for “and,” and as the defendant had ample opportunity on cross-examination to find out what qualities the witness w