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Friday, October 15, 2010

The People Respondent v Domingo Pera'ta Appelland California State Supreme Court

ELECTOR
Jurisdiction required Mr. Justice Heydenfeldt delivered the opinion of the Court [April 1854]
  ....The statute of this State requires the juror to be an elector of the county for which he is summoned, and he cannot be an elector unless he is a resident.
[176] Residence depends upon intention as well as fact, and mere* inhabitancy for a short period, against the intention of acquiring a domicil, would not make a resident within the meaning of the law so as to constitute an elector. The juror should have been excluded from serving, and for the error in admitting him, the judgment is reversed, and the cause is remanded, such cause is considered himself (Pera'ta) a resident of Shasta County, although he had been living in Contra Costa - time line used is 5 weeks and thus Perea vs County of Tuolumne Election Board Supervisor Race that Perea Contested that fail on 30 days requirment such decision in April 1854 overturn the Supervisor Race to Ralph Perea as Elector beyond 5 weeks.

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