People v. Vincent

Citations

• 95 Cal. 425
• 30 P. 581
• 1892 Cal. LEXIS 841

Syllabus

<p>Criminal Law — Jury — Challenge to Panel — Second Venire — Challenge to Jurors Resummoned.—The fact that some of the jurors summoned in a criminal case upon a second special venire had also been summoned upon the first special venire, to which a challenge to the entire panel had been sustained by the court, upon the ground of the bias and prejudice of the deputy sheriff who summoned them, furnishes no ground to a challenge of the entire panel of the second venire. Whatever objections might be had to the second panel should be presented as challenges to individual jurors.</p> <p>Id.—Power of Court to Direct Summons of Jurors.—Under section 226 of the Code of Civil Procedure, the court may at any time direct the sheriff to summon jurors from the body of the county, although there be ■ names of properly selected regular jurors in the jury-box; and when from any cause there are no regular jurors to he drawn from, the court may exercise the power granted by said section.</p> <p>Id. — Change of Venue — Discretion. — Although the discretion of the trial court in granting or refusing a change of venue in a criminal action is not an arbitrary discretion, yet where its exercise has not gone beyond legitimate and reasonable limits, it cannot he rightfully interfered with by the appellate court.</p> <p>Id. — Homicide — Drunkenness — Instruction. — Upon a prosecution for murder, an instruction to the jury that evidence of drunkenness can only be considered by them for the purpose of determining the degree of crime, and for such purpose it should be received with great caution, is correct.</p> <p>Id. —Death Penalty — Amendment of Code—Prior Offenses.—The act of the legislature of March 31,1891, amending sections 1217 and 1229 of the Penal Code, relating to the time and place for the execution of the death penalty of one convicted of murder in the first degree, does not apply to convictions for offenses committed prior to its enactment.</p>