Legal Opinion

People v. Irwin

California Supreme Court

Decided December 12, 1888No. 20386PublishedCited by 61 opinions

Appeal from a judgment of the Superior Court of San Benito County, and from an order denying a new trial. The defendant and J. T. Prewett were jointly accused by information of the murder of A. W. Powers, committed in the county of San Benito on the seventeenth day of September, 1885. The facts proven in the case show that prior to August, 1885, J. T. Prewett and Powers had trouble about land matters; that about August 28, 1885, a fire was set in the pasture fields of…

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Appeal from a judgment of the Superior Court of San Benito County, and from an order denying a new trial. The defendant and J. T. Prewett were jointly accused by information of the murder of A. W. Powers, committed in the county of San Benito on the seventeenth day of September, 1885. The facts proven in the case show that prior to August, 1885, J. T. Prewett and Powers had trouble about land matters; that about August 28, 1885, a fire was set in the pasture fields of Prewett. Prewett and the defendant found tracks near the fire, and compared them with Powers’s tracks made near his residence,…

1Opinion of the CourtPaterson, J.

—The record herein bristles all over with errors. It is another case in which an over-zealous prosecution has led the trial court into prejudicial errors, necessitating a reversal of the judgment.

It is contended that the court erred in appointing an elisor, in the absence of anything tending to show that the sheriff was disqualified to serve the venire. It is admitted that it was an irregularity, but counsel for respondent claim that no injury resulted.

In view of other and more serious questions which we shall consider, it is unnecessary ■ to determine whether the defendant was prejudiced by…

2Cases cited17 opinions

  1. Spies v. PeopleIllinois Supreme Court · 1887
  2. People v. StanleyCalifornia Supreme Court · 1873
  3. Cheek v. StateIndiana Supreme Court · 1871
  4. State v. ClementsOregon Supreme Court · 1887
  5. State v. VincentSupreme Court of Iowa · 1868

12 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. People v. MoralesCalifornia Supreme Court · 1989
  2. People v. BrawleyCalifornia Supreme Court · 1969
  3. People v. NakisCalifornia Supreme Court · 1920
  4. People v. RuefCalifornia Court of Appeal · 1910
  5. Wall v. StateSupreme Court of Georgia · 1922

56 more not listed; retrieve them via the Exa API.

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