People v. Franklin
California Supreme Court
Appeal from a judgment of the Superior Court of Napa County, and from an order refusing a new trial. The sixth instruction was to the effect that the drunkenness of the defendant at the time of the commission of the crime was no excuse therefor, and evidence thereof should be received with great caution, and could only be considered for the purpose of determining the degree of the crime by showing that the mental condition of the defendant at the time of the assault was such…
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Appeal from a judgment of the Superior Court of Napa County, and from an order refusing a new trial. The sixth instruction was to the effect that the drunkenness of the defendant at the time of the commission of the crime was no excuse therefor, and evidence thereof should be received with great caution, and could only be considered for the purpose of determining the degree of the crime by showing that the mental condition of the defendant at the time of the assault was such that he was incapable of deliberately forming an intention to murder; but that in determining whether the defendant…
1Opinion of the CourtRoss, J.
The defendant was charged by information with the crime of assault with a deadly weapon with intent to murder one Hemmenway, and was convicted of assault with a deadly weapon with intent to do great bodily harm.
The case shows that defendant, while very drunk, assaulted and cut with a knife the said Hemmenway, who was a stranger to him, and whom he casually met on a railroad track.
It is objected on the part of the appellant that the court below erred in its eighth instruction, in that it omitted to inform the jury that they might find defendant guilty of a simple assault. The instruction…
2Cases cited5 opinions
- People v. FuquaCalifornia Supreme Court · 1881
- People v. WilliamsCalifornia Supreme Court · 1872
- People v. LewisCalifornia Supreme Court · 1869
- People v. FerrisCalifornia Supreme Court · 1880
- People v. TurnerCalifornia Supreme Court · 1884
3Cited by19 opinions
- People v. HoodCalifornia Supreme Court · 1969
- People v. GordanCalifornia Supreme Court · 1894
- People v. BarneyCalifornia Supreme Court · 1896
- People v. FellowsCalifornia Supreme Court · 1898
- People v. ArnoldCalifornia Supreme Court · 1897
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