People v. Hunter
California Supreme Court
Appeal from a judgment against the defendant, in the Municipal Criminal Court of the City and County of San Francisco. The facts are stated in the opinion.
1Opinion of the Court
By the Court:
It must be taken to be the settled doctrine of this Court, that the question hereinafter considered cannot be presented in the Court below, by motion to set aside the indictment. (People v. Southwell, 46 Cal. 141; People v. Colby, present term.) But inasmuch as the doctrine of those cases has never been assented to by the Chief Justice, and as counsel were permitted, at the argument, to go at very great length into the main question, we have thought it proper to consider it irrespective of the questions determined in the Southwell and Colby cases.
It is claimed by counsel for…
2Cases cited4 opinions
- Koehler v. Black River Falls Iron Co.Supreme Court of the United States · 1863
- People v. RobertsCalifornia Supreme Court · 1856
- People v. SouthwellCalifornia Supreme Court · 1873
- People v. ButlerCalifornia Supreme Court · 1857
3Cited by26 opinions
- People v. ByrdCalifornia Supreme Court · 1954
- Bruner v. Superior CourtCalifornia Supreme Court · 1891
- Evans v. Willis, County JudgeSupreme Court of Oklahoma · 1908
- Fitts v. Superior CourtCalifornia Supreme Court · 1936
- People v. HatchCalifornia Court of Appeal · 1910
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