People v. Langton
California Supreme Court
Appeal from a judgment of the Superior Court of Sierra County, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtMorrison, C. J.
Defendant was prosecuted for the crime of murder, and was convicted of murder in the second degree. On the trial of the case in the court below the following instruction was given to the jury:—>
*428“ Every person is presumed to intend what his acts indicate his intention to have been; and if the defendant fired a loaded pistol at the deceased and killed him, the law presumes that the defendant intended to kill the deceased; and unless the defendant can show that his intention was other than his act indicated, the law will not hold him guiltless.” •
“Unless the defendant can show that his intention…
2Cases cited1 opinion
- People v. BelenciaCalifornia Supreme Court · 1863
3Cited by11 opinions
- People v. GorshenCalifornia Supreme Court · 1959
- People v. BushtonCalifornia Supreme Court · 1889
- People v. ElliottCalifornia Supreme Court · 1889
- State v. FiskoNevada Supreme Court · 1937
- People v. PetruzoCalifornia Court of Appeal · 1910
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