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People v. Tock Chew

THE PEOPLE v. TOCK CHEW

People v. Chew, 6 Cal. 636 (1856)
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Court
California Supreme Court · State Highest Courts
Decided
July 1, 1856
Judges
Terry
Citations
6 Cal. 636
Syllabus
The establishment and enforcement of rules, limiting the argument of counsel to a certain time, are matters resting in the sound discretion of the Court, and, unless it appear that injustice has thereby been done, form no ground of appeal.
Summary
Appeal from the Court of Sessions of Placer County. The defendant was indicted and convicted of grand larceny. On the trial, and before argument, the Court announced that it would limit the arguments of the counsel for the prosecution, in his opening and closing, to three-quarters of an hour, and that for the defence to half an hour—which rule was enforced, under the exception of defendant, who appeals, assigning this as error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Terry

Text extracted by OCR from a scanned original; check the original for exact wording.

The opinion of the Court was delivered by Mr. Justice Terry.

Mr. Chief Justice Murray concurred.

Upon the trial of this cause, and before the argument, the Court announced that the counsel for the people should be limited to three-quarters of an hour, in his opening and concluding arguments, and the counsel for the defendant to a half hour.

The enforcement of this rule is the only error assigned. The establishing and enforcement of such rules are matters resting in the sound discretion of the Court, and are often necessary, to prevent the time of the Court from being wasted in useless and unprofitable discussion.

It does not appear that the issues raised in this case were numerous or complicated, or that they could not have been fully presented in the time allowed; nor is there any allegation that injustice has been done to the defendant by the verdict, or that the longest argument would have been likely to change the result.

Judgment affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1867–1868: 11879–1880: 11881–1882: 12005–2006: 118672026peak 1867 · 1

Relies on it most ⓘ

  1. State v. Hoyt47 Conn. 518 (1880)
  2. People v. Williams32 Cal. 280 (1867) · Concurrence
  3. Saint Croix Lumber Co. v. Pennington2 Dakota 467 (1881)
  4. State v. Tilghman895 A.2d 1207 (N.J. Super. Ct. App. Div. 2006)

Most recent

  1. State v. Tilghman895 A.2d 1207 (N.J. Super. Ct. App. Div. 2006)
  2. Saint Croix Lumber Co. v. Pennington2 Dakota 467 (1881)
  3. State v. Hoyt47 Conn. 518 (1880)
  4. People v. Williams32 Cal. 280 (1867) · Concurrence

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

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