People v. Murphy

The defendant was convicted of the unlawful sale of intoxicating liquors and appeals to this court from the judgment based upon such conviction and the denial of his motion for a new trial. The principal assignment of error consists in the allegation that the trial court permitted such errors during the course of the examination on voir dire of one C. H. Chenoweth as to preclude the defendant from having a fair and impartial trial.

During the cross-examination of such juror the following took place:

While the testimony shows clearly that no legal reason existed for the summary dismissal of Mr. Chenoweth from further jury duty and, also, further shows that while he was'not in favor of prohibition, or, to put it another way, of the prin ciple of prohibition, nevertheless he was in favor of the enforcement of the law, and that as a juror he would do his duty. Nevertheless the transcript shows that a jury was finally accepted which was free from any legal disqualifications. The testimony set out in the transcript shows that three witnesses went to the place of business conducted by the defendant called Murphy’s Inn, a roadhouse situated on the Stockton Boulevard some two miles south…