People v. Congleton
California Supreme Court
Appeal from the County Court of Humboldt County. The defendant demurred to the indictment, and the demurrer was overruled. He moved for a change of venue; the motion was denied, and he was tried and convicted. This appeal is taken from the judgment and from an order denying the defendant’s motion for a new trial.
1Opinion of the Court
By the Court, Wallace, C. J.:
The prisoner was indicted for the offense of assault with intent to commit murder, and found guilty of an assault with a deadly weapon,-with intent to do bodily harm on the person, etc. The appeal is taken from the judgment upon the verdict.
1. The indictment is sufficient in form and substance, as one for the crime of assault with intent to commit murder. This we understand to be conceded by the prisoner’s counsel. But it is claimed that though the indictment be sufficient to sustain a conviction for that particular offense, or for a simple assault, as being…
2Cases cited4 opinions
- People v. DavidsonCalifornia Supreme Court · 1855
- People v. FisherCalifornia Supreme Court · 1856
- People v. JacobsCalifornia Supreme Court · 1866
- Bassett v. HainesCalifornia Supreme Court · 1858
3Cited by26 opinions
- People v. GoldensonCalifornia Supreme Court · 1888
- State v. Spotted HawkMontana Supreme Court · 1899
- Matter of HughesCalifornia Supreme Court · 1911
- People v. YoakumCalifornia Supreme Court · 1879
- Territory of Montana v. MantonMontana Supreme Court · 1888
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