People v. Sassovich
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The appellant was tried in the Fifteenth District Court, in and for the City and County of San Francisco, at the June term of said Court, 1865, for the crime of murder, was found guilty by the jury of murder in the first degree, and sentenced to be hung.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The appellant was tried in the Fifteenth District Court, in and for the City and County of San Francisco, at the June term of said Court, 1865, for the crime of murder, was found guilty by the jury of murder in the first degree, and sentenced to be hung. Prior to judgment, appellant moved said Court in arrest of judgment upon two grounds: First—That there is no such Court as the Fifteenth Judicial District Court of the State of California legally in existence, because the Constitution of the State…
1Opinion of the Court
By the Court, Sanderson, J.
The following points are made upon this appeal:
1. That the Act of the 4th of April, 1864 (Statutes of 1863-64, p. 497), by which the number of judicial districts was increased to fifteen is in conflict with the fifth section of the Sixth Article of the Constitution, and therefore null and void.
2. That admitting the Act in question to be constitutional, so far as the creation of the Fifteenth Judicial District is concerned, the Governor had no power, under the Constitution, to appoint and commission a Judge of the Court thereby created, as required and directed by…
2Cases cited3 opinions
- Bourland v. HildrethCalifornia Supreme Court · 1864
- People v. WhiteCourt for the Trial of Impeachments and Correction of Errors · 1840
- Powers v. LockwoodNew York Supreme Court · 1812
3Cited by21 opinions
- People ex rel. Attorney General v. ProvinesCalifornia Supreme Court · 1868
- Hamlin v. KassaferOregon Supreme Court · 1887
- Matter of DanfordCalifornia Supreme Court · 1910
- Walcott v. WellsNevada Supreme Court · 1890
- People v. Southern Pac. Co.California Supreme Court · 1930
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