Legal Opinion

People v. Manning

California Supreme Court

Decided July 1, 1874No. 10,086PublishedCited by 30 opinions

Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The murder was alleged to have been committed in the City and County of San Francisco, on the 28th day of May, 1873. The deceased was killed on Clay street, near the corner of Pike. No witness testified in words that the place of the killing was in the City and County of San Francisco. Several witnesses were sworn for the prosecution.

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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The murder was alleged to have been committed in the City and County of San Francisco, on the 28th day of May, 1873. The deceased was killed on Clay street, near the corner of Pike. No witness testified in words that the place of the killing was in the City and County of San Francisco. Several witnesses were sworn for the prosecution. It appeared from the testimony of the witnesses that the killing was on the north side of Clay street, and between Dupont and Stockton streets, and that Dupont and…

1Opinion of the Court

By the Court, Crockett, J.:

The defendant was convicted of murder in the second *337degree, for the homicide of a Chinaman; and appeals from the judgment and from an order denying his motion for a new trial. We' are asked to reverse the case on the ground that the evidence was insufficient to justify the verdict. But it is the peculiar province of the jury to weigh the evidence and decide upon the credibility of witnesses; and it is not our practice to disturb verdicts on this ground, unless there is either a total deficiency in the evidence, or it preponderates so greatly against the verdict as…

2Cited by30 opinions

  1. People v. DurrantCalifornia Supreme Court · 1897
  2. Vaughan v. StateSupreme Court of Arkansas · 1894
  3. In Re Application of O'ConnorCalifornia Court of Appeal · 1927
  4. People v. NelsonCalifornia Supreme Court · 1890
  5. State v. MeyerSupreme Court of Iowa · 1907

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