People v. Wells

Citations

• 100 Cal. 227
• 34 P. 718
• 1893 Cal. LEXIS 773

Syllabus

<p>Jury Trial—Impaneling of Jury—Disqualification of Juror—Formation of Opinion—Showing as to Source.—Where a person drawn as a juror states upon his examination that he has formed an opinion as to the merits of the cause, he is disqualified from acting as a juror in the absence of an affirmative showing to the court that his opinion is based upon public rumor, common notoriety or statements from public journals, even though he should declare to the court under oath that, notwithstanding such opinion, he would and could act fairly and impartially upon the matters to be submitted to him.</p> <p>Id.—Actual Bias—Question of Fact—Review Upon Appeal—Absence op Evidence.—Whether the state of mind of a juror is such as to constitute actual bias within the meaning of section 1073 of the Penal Code defining that term is a question of fact to be determined by the trial court, in the determination of which the court must find whether any opinion which the juror may have formed was founded upon public rumor, statements in public journals or common notoriety; and the trial ■ court’s decision upon these points, when the evidence disclosed upon the examination of the juror is susceptible of different constructions, will not he reversed upon appeal. Where, however, there is an entire absence of evidence to support the finding of the court that the juror’s opinion is founded upon public rumor or common notoriety the action of the court will he reversed upon appeal.</p> <p>Id.—Exception to Denial of Challenge in Criminal Case—Apieal. A defendant convicted of a criminal offense has the right to appeal to the Supreme Court upon an exception to the ruling of the trial court denying the challenge of a juror for actual bias.</p>