People v. Lee

The defendant was convicted in the lower court of murder in the second degree and sentenced to imprisonment in the state prison for thirty years. He appeals from the judgment and from an order denying a new trial-

Several points are urged for reversal, which will be considered in the order stated in appellant’s brief. The first of these is, that the court erred in excusing, over the objection of defendant, one of the jurors examined who was in fact not disqualified. But this point has been determined adversely to the defendant by the decision in People v. Arceo, 32 Cal. 40 , and several later cases affirming that decision.

The next point is, that the court erred in denying the defendant ’s challenge to the panel of jurors without permitting, or at least without waiting for, him to prove the facts upon which his challenge was made. This doubtless was error. But it seems to have been the result of a misunderstanding upon the part of the court as to the defendant’s offer to prove the facts; and on the next day, when the court’s attention was directed to the error, it offered the defendant opportunity to make the proof; which the defendant declined to avail himself of. The effect of…