People v. Turner

Citations

• 39 Cal. 370

Syllabus

<p>Criminal Practice.—After an issue of fact is joined, every step taken for the purpose of a determination of that issue, up to and including the verdict upon such issue, must he regarded as “ arising during the course of the trial.”</p> <p>Idem.—Motion for New Trial.—Any substantial error of the Court, on a question or matter arising during the course of the trial, is a proper ground for a motion for a new trial.</p> <p>Idem.—A motion for a new trial cannot he based upon any objection to the sufficiency or validity of the indictment, or upon any errors or irregularities occurring in the proceedings, before issue of fact joined by plea.</p> <p>Idem.—Appeal.—On an appeal from an order refusing or granting a new trial, on the ground of error or irregularity arising during the course of the trial, the appellate Court is confined to a review of the proceedings between issue joined and the rendition of the verdict.</p> <p>Idem.—Pleading.—Demurrer.—Demurrer to the form or sufficiency of the indictment, or to the jurisdiction of the Court, must he taken prior to the joinder of issue of fact by plea.</p> <p>Idem. —Motion to Set Aside Indictment. —The defendant, when not previously held to answer, must avail himself of errors and irregularities in the proceedings resulting in the presentation of the indictment, by motion, to set aside the indictment before plea.</p> <p>Idem.—Appeal from Final Judgment.—The action of the Court on demurrer, or on the motion to set aside the indictment, can only be reviewed on appeal from the final judgment.</p> <p>Idem.—Motion in Arrest of Judgment. — Objections which may he presented by demurrer, may further be made available after verdict, by motion in arrest of judgment, and the action of the Court on this motion can only be reviewed on appeal from the judgment.</p> <p>Idem.—Juror.—Improper Influence.—Presumption.—A person who has been sworn on his voire dire and accepted as a juror, and afterwards engages in conversation with, or voluntar