People v. Wong Bin

The defendant, having been convicted in the superior court of Los Angeles County of the crime of murder in the first degree, and adjudged to suffer death, appeals from the judgment and order denying his motion for a new trial. The principal question presented by this appeal is as to the impanelment of the trial jury.

When the case came on for trial, on April 21, 1902, in department one of the superior court of said county, in which department the information against him had been filed and was regularly pending, there was a regular panel of jurors present, which had been, on January 23, 1902, drawn from the trial jury-box of the county, by order of the presiding judge of said department, to serve as term trial jurors in said department one, for the period of three months from February 1, 1902, and until legally discharged.

There was also present the regular panel of department three of said court, consisting of twenty-three jurors, brought into department one on this day for the trial of this case, in the manner and for the reasons indicated by the statement of the presiding judge of department one, which is contained in the record, and is as follows, viz.:—

’ These jurors, so…