People v. O'Neil
Cases that cite this one
7 later published cases cite this decision.
- People v. Clark (Cal. Ct. App. 1938)
- People v. Bruneman (Cal. Ct. App. 1935)
- State ex rel. Warner v. Baer (Ohio 1921)
- People v. Behn (Supreme Court of Puerto Rico 1907)
- Pueblo v. Behn (Supreme Court of Puerto Rico 1907)
- People v. Deegan (Cal. 1891)
- People v. Lyons (Ill. Cir. Ct. 1884)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendant was convicted of an assault, with intent to commit rape. The verdict was rendered by a jury consisting of only eleven jurors; and this is assigned by the defendant as error. The Attorney-General confesses the error; and it may be added that the authorities cited by the .defendant establish the proposition that a jury in a criminal action must, within the meaning of the constitution, consist of twelve men.
The indictment does not charge an assault with intent to commit rape. It, at best, only charges an assault. It is not alleged that the offense was committed within the county in which the defendant was indicted.
Judgment reversed, and cause rémanded. Remittitur forthwith.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.