People v. Dolan
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, County of Butte. The defendant was indicted, tried, and convicted of the crime of murder.
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Appeal from the District Court of the Fifteenth Judicial District, County of Butte. The defendant was indicted, tried, and convicted of the crime of murder. The material averments in the indictment are as follows: “ The said John Dolan, on the twenty-fifth day of October, a. d. one thousand eight hundred and fifty-seven, at a place near Evansville, and some two miles therefrom, in the county of Butte aforesaid, and before the finding of this indictment, did willfully, unlawfully, feloniously, and with malice aforethought, shoot, bruise, and wound, one Edward Sharkey, upon the body of the said…
1Opinion of the Court
Terry, C. T., delivered the opinion of the Court—Field J., concurring.
Defendant was tried and convicted on an indictment charging him with the crime of murder in the first degree. The points taken by appellant are :
1. “ The indictment «wrongly attempts to fix or designate the degree of murder.”
2. “ It is insufficient in its statement of the acts and circumstances necessary to constitute the offence therein charged.”
3. “ It does not contain a sufficient charge to predicate thereon a verdict of murder in the first degree.”
The first objection is frivolous. It is certainly not necessary that the…
2Cases cited1 opinion
- People v. ParsonsCalifornia Supreme Court · 1856
3Cited by17 opinions
- Fitzpatrick v. United StatesSupreme Court of the United States · 1900
- People v. KingCalifornia Supreme Court · 1865
- Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
- People v. RozelleCalifornia Supreme Court · 1888
- State v. CreanMontana Supreme Court · 1911
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