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2 Cal. Unrep. 701

People v. Brown

California Supreme Court

Decided September 1, 1886

California Supreme Court · decided 1886-09-01

Defendants were informed against, under section 134, Penal Code, for the crime of preparing a false affidavit, to be used on the hearing of a motion for new trial in the ease of Sharon v. Sharon, then pending in superior court, San Francisco. They were convicted. Defendant Brown was a notary public, and the affiant, one Isabella Clark, was a patient in the almshouse of the city and county of San Francisco.

Relies on People v. Vasquez · People v. Riley · People v. Cotta

Decided 1886-09-01

By the COURT.

¶1We have examined the points presented on behalf of the appellants, and we find no error in the rulings of the court below, nor in the instructions. The court did not err in denying the challenges to jurors. They were challenged for actual bias, and no exception is by law allowed on such ruling: Pen. Code, sec. 1170; People v. Cotta, 49 Cal. 166; People v. Vasquez, 49 Cal. 560; People v. Taing, 53 Cal. 602; People v. Riley, 65 Cal. 107, 3 Pac. 413. The court did not err in its ruling permitting the questions objected to to be put to Drs. Geary and Ayer. The court did not err in its ruling admitting in evidence the deposition of Sharon: People v. Cunningham, 66 Cal. 668, 4 Pac. 1144, 6 Pac. 703, 846. In the instructions given by the court we find no error. They fairly presented the law to the jury. There was no error in the instructions asked by defendants and refused.

¶2Judgment and order affirmed.

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