Legal Opinion

People v. Van Deleer

California Supreme Court

Decided July 1, 1878No. 10,337PublishedCited by 3 opinions

Appeal from the District Court of the First Judicial District, Santa Barbara County,' The defendant was convicted of the crime of “ having administered a poisonous and noxious substance ” to the prosecuting witness, with intent to kill, and she appealed. The other facts are stated in the opinion.

1Opinion of the Court

By the Court :

The defendant is charged with having administered “ a poisonous and noxious substance ” to the prosecuting witness. The section under which the indictment was framed is as follows : “ Sec. 216—Every person who, with intent to kill, administers, or causes or ¡procures to be administered, to another any poison or other noxious or destructive substance or liquid, but by which death is not caused, is punishable by imprisonment in the State Prison not less than ten years.”

The Court instructed the jury that if the defendant gave or administered to Henry Warmstead “ either a poisonous…

2Cited by3 opinions

  1. State v. WeaverWest Virginia Supreme Court · 1989
  2. Stone v. Shaw Supply Co.Oregon Supreme Court · 1934
  3. People v. KeeleyCalifornia Supreme Court · 1889

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