People v. Brown

Jury—Challenge.—No Exception Lies to a Ruling denying a challenge to a juror for actual cause. Evidence—Medical Expert—Person’s Ability to Make Affidavit.—Upon trial of an indictment for preparing a false affidavit, held proper to ask medical experts whether the person making the affidavit, who was ill at the date thereof, was at the time able to make such a statement as appeared in the affidavit.

APPEAL from Superior Court, San Francisco. Defendants were informed against, under section 134, Penal Code, for the crime of preparing a false affidavit, to be used on the hearing of a motion for new trial in the ease of Sharon v. Sharon, then pending in superior court, San Francisco. They were convicted. Defendant Brown was a notary public, and the affiant, one Isabella Clark, was a patient in the almshouse of the city and county of San Francisco. The affidavit was prepared by an attorney here, and Brown was requested by the attorney to go to the almshouse, and get Mrs. Clark to sign and swear to it. Mrs. Weile (defendant) went with Brown. The question asked Dr. Geary is: “Was she [Mrs. Clark] at that time able to make such a statement of things past and present as appears in this affidavit ? ” To Dr. Ayer: “From your personal examination of her while living, and from your examination of her brain when she died, whether in your opinion this woman, upon the 18th of May, 1885 [when the affidavit was made], could have made this statement of facts and dates as appears in this affidavit, or could have comprehended them, if questioned or if spoken to her or read to her?”