People v. Nichol
California Supreme Court
Appeal from the District Court, Tenth Judicial District, Sierra County. The defendant was indicted for the crime of murder in the second degree of one Lawrence Nolans, on or about April 25th, 1867, in Sierra County, and was, at the July Term of the District Court, within and for said county, tried and convicted of said offense. The defendant appealed from the judgment, and from an order denying his motion for a new trial.
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Appeal from the District Court, Tenth Judicial District, Sierra County. The defendant was indicted for the crime of murder in the second degree of one Lawrence Nolans, on or about April 25th, 1867, in Sierra County, and was, at the July Term of the District Court, within and for said county, tried and convicted of said offense. The defendant appealed from the judgment, and from an order denying his motion for a new trial. The motion for a new trial was based upon the alleged error of the Court in giving, on behalf of the people, certain instructions to the jury, and the refusal of the Court…
1Opinion of the Court
By the Court, Sanderson, J.:
The instructions given on hehalf of the people are mainly taken from the statute in relation to murder, and the more recent decisions of this Court. They seem to have been prepared with unusual care, and in all respects adapted to the circumstances under which the homicide was committed. They are not even obnoxious to criticism.
If the Court erred in refusing the first two instructions asked on behalf of the defendant, the error was without prejudice. The refusal was to instruct the jury that under the peculiar terms of the indictment they could not find the…
2Cases cited1 opinion
- People v. KingCalifornia Supreme Court · 1865
3Cited by33 opinions
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- Cummiskey v. Superior CourtCalifornia Supreme Court · 1992
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