to excuse juror who had expressly indicated she was disinclined to render verdict sought by the state was "tantamount to `loading' the jury"
How later courts described this case
- to excuse juror who had expressly indicated she was disinclined to render verdict sought by the state was "tantamount to `loading' the jury"
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by People v. Morse, 60 Cal. 2d 631 (1964)
60 Cal.2d 105 , overruled on other grounds in People v. Morse (1964) 60 Cal.2d 631
Disapproved on other grounds by People v. Daniels, 52 Cal. 3d 815 (1991)
60 Cal.2d 105, 128 , disapproved on other grounds in People v. Daniels (1991) 52 Cal.3d 815
Distinguished
Distinguished by People v. Burgess, 206 Cal. App. 3d 762 (1988)
Hamilton is clearly distinguishable, but instructive.
The opinion
SCHAUER, J., and McCOMB, J., Concurring and Dissenting.
Be *139 cause it does not appear to us that the errors complained of have resulted in a miscarriage of justice on either the issue of guilt, or that of penalty, we would affirm the judgments and orders of the trial court in their entirety as to both count one and count two. (Cal. Const., art. VI, § 4%.)
Appellant’s petition for a rehearing was denied August 7, 1963.