People v. Feld
California Supreme Court
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. Frank H. Dunne, Judge. The facts are stated in the opinion of the court. William H. Alford, J. A. Spinetti, and Theo. J. Roche, for Appellant. The evidence is insufficient to justify the verdict, as it clearly shows the killing was accidental, and justifiable homicide was clearly proven upon undisputed evidence.
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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. Frank H. Dunne, Judge. The facts are stated in the opinion of the court. William H. Alford, J. A. Spinetti, and Theo. J. Roche, for Appellant. The evidence is insufficient to justify the verdict, as it clearly shows the killing was accidental, and justifiable homicide was clearly proven upon undisputed evidence. (People v. Sherman, 103 Cal. 409-412, 37 Pac. 388; People v. Hecker, 109 Cal. 462-464, 42 Pac. 307.) If the firing of…
1Opinion of the CourtAngellotti, J.
The defendant was convicted of the crime of murder in the first degree, for the killing of one Fritz Dirking, and adjudged to suffer death. He appeals from the judgment and from orders denying his motions for a new trial and in arrest of judgment.
1. The law gives no appeal from an order denying a motion in arrest of judgment. Any error in the action of the trial court in that regard is reviewable upon appeal from the judgment. It is not claimed, however, that there was any error in denying the motion in this case.
2. It is claimed that the evidence was insufficient to justify the verdict. A…
2Cases cited10 opinions
- People v. BuckleyCalifornia Supreme Court · 1904
- Gay v. TorranceCalifornia Supreme Court · 1904
- People v. StokesCalifornia Supreme Court · 1894
- People v. FindleyCalifornia Supreme Court · 1901
- People v. Sing YowCalifornia Supreme Court · 1904
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3Cited by24 opinions
- People v. BurnsCalifornia Court of Appeal · 1952
- Kimic v. San Jose-Los Gatos Interurban Ry.California Supreme Court · 1909
- Waer v. WaerCalifornia Supreme Court · 1922
- People v. HowerCalifornia Supreme Court · 1907
- People v. LambrightCalifornia Supreme Court · 1964
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