Legal Opinion
People v. Nugent
California Supreme Court
Decided October 15, 1854PublishedCited by 13 opinions
Appeal from the Court of Sessions of San Francisco County. The defendant was convicted of an “assault with a deadly weapon, with intent to inflict a bodily injury,” and he appealed.
1Opinion of the CourtJustice Heydeneeldt
Mr. Ch. J. Murray concurred.
The indictment is objected to, because it does not allege the offense to have been committed “without considerable provocation. ” Although in the statute this language does qualify the character of the offense, yet it does not enter into the gist of the charge. A bare negative qualification need never be averred, but must be relied on as matter of defense in the progress of the trial.
Judgment affirmed.
2Cited by13 opinions
- Ex Parte HornefCalifornia Supreme Court · 1908
- State v. RobeyNevada Supreme Court · 1873
- Territory v. ConradSupreme Court Of The Territory Of Dakota · 1877
- Territory v. BurnsMontana Supreme Court · 1886
- Territory v. ScottSupreme Court Of The Territory Of Dakota · 1880
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