Legal Opinion

People v. Freeland

California Supreme Court

Decided July 1, 1856PublishedCited by 15 opinions

Appeal from the District Court of the Eleventh Judicial District, County of Placer. The defendant was indicted for the crime of murder, in shooting one “ Greek George In the Court of Sessions the defendant challenged two of the grand jurors for cause. Both were examined on oath and averred that they were naturalized citizens, but could not produce their naturalization papers to the Court.

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Appeal from the District Court of the Eleventh Judicial District, County of Placer. The defendant was indicted for the crime of murder, in shooting one “ Greek George In the Court of Sessions the defendant challenged two of the grand jurors for cause. Both were examined on oath and averred that they were naturalized citizens, but could not produce their naturalization papers to the Court. In the District Court the defendant moved to set aside the indictment on the ground that incompetent persons had been allowed to sit on the Grand Jury, which motion was overruled. The indictment charges the…

1Opinion of the Court

The opinion of the Court was delivered by Mr. Chief Justice Murray.

Mr. Justice Terry concurred.

The defendant was indicted and convicted of the crime of murder.

The first ground of error assigned is, that the indictment does not charge any offence to have been committed, in this, that the deceased is described as “ one Greek George,” and it is not charged that this is the name of a person, or a name by which the deceased was commonly known. The general rule in framing indictments is to insert the true name of the party, if it be known; if not, the name by which such person is usually designated…

2Cited by15 opinions

  1. People v. McNultyCalifornia Supreme Court · 1892
  2. People v. KingCalifornia Supreme Court · 1865
  3. People v. CarellaCalifornia Court of Appeal · 1961
  4. State v. DavisSupreme Court of South Carolina · 1897
  5. People v. . GilbertNew York Court of Appeals · 1910

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