Olsen

Defendant was informed against by the district attorney of the county of Sacramento for the crime of murder, alleged to have been committed in the city of Sacramento on the sixth day of February, 1904, by killing one Henry Salt. He was tried, found guilty of murder in the first degree, with punishment fixed for life in the state prison. Appeal is from the judgment and order overruling his motion for a new trial.

During the examination of the jurors on their voir dire, and after six persons had been accepted and sworn to try the case, and while the examination of juror Campbell was progressing, Campbell remarked, in answer to a question, that he would have to be pretty well convinced, especially in circumstantial evidence, because he had seen one case go wrong in Sacramento on circumstantial evidence, the judge remarked, “That is one case out of ten thousand; one out of ten thousand; that is about the rate. ’ ’ And further on in the examination of Campbell, when defendant’s attorney called the court’s attention to this remark, the judge replied. “I say so yet.” This is assigned as error. It is claimed by the defendant that the remarks of the court were in effect charging the jury…