Martin

The appellant was indicted by the grand jury of the county of Sacramento, for the crime of ‘‘corruptly attempting to influence a juror, a felony.” One Fuski was being tried on an indictment, and after a juror, Manuel J. Lamb, was duly impaneled and sworn, it is charged that the appellant corruptly and feloniously attempted to influence the aforesaid juror by then and there requesting him to hang the jury. The appellant, on arraignment, interposed a demurrer to the indictment upon the ground that the act charged is not stated with such degree of certainty as to state a public offense nor to enable the court to pronounce a judgment upon conviction. The appellant claims that the indictment does not charge what words were used by the appellant to the juror. Subdivision 1 of section 95 of the Penal Code provides that any person who corruptly and feloniously attempts to influence a juror in respect to his verdict by means of any oral communication, is guilty, etc.

[1] The indictment, when it charges that the appellant corruptly and feloniously requested the juror to hang the jury, charges, without other or further language, the crime denounced by the statute. The indictment is…