Legal Opinion

People v. Botkin

California Supreme Court

Decided March 14, 1901No. Crim. No. 832PublishedCited by 20 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from orders denying a new trial and denying a motion in arrest of judgment. Carroll Cook, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtGaroutte, J.

— Defendant has been convicted of the crime of murderj and .prosecutes this appeal. The charge of the court given to the jury upon the law contained declarations which were held to be unsound in People v. Vereneseneckockockhoff, 129 Cal. 497. In view of the decision in that case, the attorney-general concedes that the judgment should be reversed and the cause remanded to the trial court for further proceedings. But defendant claims that she is not triable at all by the courts of this state, and this contention should now be passed upon. For if maintainable, a second trial becomes a useless…

2Cases cited1 opinion

  1. People v. VereneseneckockockhoffCalifornia Supreme Court · 1900

3Cited by20 opinions

  1. People v. BuffumCalifornia Supreme Court · 1953
  2. State v. BeukeOhio Supreme Court · 1988
  3. People v. MegladderyCalifornia Court of Appeal · 1940
  4. People v. ColemanMichigan Supreme Court · 1957
  5. People v. ChapmanCalifornia Court of Appeal · 1921

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