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People v. Moore

Supreme Court of California
Apr 1, 1871
41 Cal. 238 (Cal. 1871)

Opinion

         Appeal from the County Court of San Mateo County.

         The defendant was tried for grand larceny and convicted. A motion for new trial, on the ground of misconduct of the jury, was granted. The appeal is taken from the order granting a new trial.

         COUNSEL

          Attorney General, Jo Hamilton. for Appellant.

          H. Kincaid, for Respondent.


         JUDGES: Crockett, J.

         OPINION

          CROCKETT, Judge

         The motion of the defendant for a new trial was improperly granted. There is nothing in the record tending in the slightest degree to show any misconduct in the jury, or on the part of the officer having them in charge. There is not only no evidence that the several jurors who retired for a few moments, with the permission of the Sheriff, out of his sight, to obey a call of nature, communicated with any one, or with each other, during their temporary absence, but there is positive proof to the contrary.

         Order reversed, and cause remanded for further proceedings, with an order to the Court below to enter judgment on the verdict.


Summaries of

People v. Moore

Supreme Court of California
Apr 1, 1871
41 Cal. 238 (Cal. 1871)
Case details for

People v. Moore

Case Details

Full title:THE PEOPLE OF THE STATE OF CALIFORNIA v. MARGARET A. MOORE

Court:Supreme Court of California

Date published: Apr 1, 1871

Citations

41 Cal. 238 (Cal. 1871)

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