People v. Johnson

Good Law
108 Cal. Rptr. 671·1973 Cal. App. LEXIS 868·33 Cal. App. 3d 9
Court of Appeal of CaliforniaJune 20, 1973Crim. No. 16970California4,459 words

Opinion

Lead Opinion

Kaus, J.

*13 Opinion

Eddie Lee Johnson, Ronald King, Charles Preston Smith, Vernice Lee Thomas and Shirley Ann Clark appeal from convictions on some of the counts which were included in a nine-count indictment.

The trial on counts I, II and III of the indictment was severed from the trial of the remaining counts, IV through IX.. The convictions from the second trial led to the appeal in People v. Johnson (2d Crim. No. 19739), filed concurrently, but not published.

The chart appearing in the footnotes sets forth, with respect to each count, the crime charged, the defendant’s name, the victim and the result of the proceedings with respect to each defendant.

This opinion will discuss issues arising out of proceedings which took *14 place before the severance of counts IV through IX, together with claimed errors committed during the jury trial on counts I, II and III.

Before the jury trial started, defendants unsuccessfully challenged the composition of the grand jury which had indicted them and the panel of the petit jury which was about to try them. The trial court’s rulings with respect to each challenge are claimed to have been erroneous.

The Challenge to the Grand Jury

Some of…

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