People v. McNealy
California Supreme Court
Appeal from the Court of Sessions of El Dorado. On the seventh day of March, 1860, defendant was indicted for an assault with a deadly weapon, etc., with intent to inflict upon the person of another a bodily injury—the name of the party injured being charged in the indictment to be Sin Groon. March 9th, 1860, defendant plead “ not guilty.”
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Appeal from the Court of Sessions of El Dorado. On the seventh day of March, 1860, defendant was indicted for an assault with a deadly weapon, etc., with intent to inflict upon the person of another a bodily injury—the name of the party injured being charged in the indictment to be Sin Groon. March 9th, 1860, defendant plead “ not guilty.” On the fifteenth day of the same month, the cause came on for trial, and the prosecution introduced one Hancock as a witness, who testified among other things, that the Chinaman upon whom the assault was committed, was known by the name of Lin Goon.…
1Opinion of the CourtCope, J.
Field, C. J. and Baldwin, J. concurring.
The defendant was indicted for an assault with intent to inflict *335bodily injury. Upon the trial it turned out that there was a misnomer of the party injured, and the District Attorney thereupon moved that the indictment be discharged and the case referred to another grand jury. This motion, which was made after the introduction of a witness for the prosecution, was granted by the Court, the defendant excepting. Another indictment was found, and to this indictment the defendant pleaded a former acquittal, predicated upon these proceedings.
It is…
2Cited by4 opinions
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- State v. MidgeleyNew Jersey Superior Court Appellate Division · 1953