Is it error for the trial court to exclude prospective jurors who indicated upon voir dire that they were opposed to the death penalty?
California, United States of America
The following excerpt is from People v. Miller, 245 Cal.App.2d 112, 53 Cal.Rptr. 720 (Cal. App. 1966):
In People v. King, 240 A.C.A. 403, 49 Cal.Rptr. 562, the same contention was made as made here, namely that it was error for the trial court to exclude prospective jurors who indicated upon voir dire examination that they were unequivocally opposed to the death penalty. The court first [245 Cal.App.2d 139] pointed out that section 1074, subdivision 8 of the Penal Code, provides in relevant part:
'A challenge for implied bias may be taken * * *:
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