California Supreme Court, 1873

People v. Ah You

People v. Ah You
California Supreme Court · Decided July 1, 1873
47 Cal. 121
People v. Ah You

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

By the Court:

By the provisions of Section 1,068 of the Penal Code, a defendant in a criminal action has a right to interpose a peremptory challenge to a juror at any time after his name is drawn, and before he is sworn to try the cause. It appears from the bill of exceptions that none of the jurors had been sworn to try the cause at the time the challenge to the juror Davis was offered. Disallowance of the challenge was error for which the judgment must be reversed.

Judgment reversed and cause remanded for a new trial.

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