People v. English
California Supreme Court
Appeal from the County Court, Solano County. The indictment was as follows : “ The said Charles English is accused by the grand jury of the County of Solano, by this indictment, of the crime of an assault with an intent to commit murder, committed as follows: The said Charles English, on the 6th day of September, 1865, at the County of Solano, with a certain pistol loaded with powder and ball, which he, the said Charles English, in his left hand then and there had and held…
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Appeal from the County Court, Solano County. The indictment was as follows : “ The said Charles English is accused by the grand jury of the County of Solano, by this indictment, of the crime of an assault with an intent to commit murder, committed as follows: The said Charles English, on the 6th day of September, 1865, at the County of Solano, with a certain pistol loaded with powder and ball, which he, the said Charles English, in his left hand then and there had and held in and upon one Warren Perry Derbin, feloniously did make an assault with an intent him, the said Warren Perry Derbin,…
1Opinion of the Court
By the Court, Shafter, J.:
The indictment charges in substance that the defendant feloniously assaulted one Derbin with a pistol loaded with powder and ball, with intent him, the said Derbin, of his malice aforethought, to kill and murder.
First—The demurrer to the indictment was properly overruled. The indictment contains all the terms that enter into the description of the offense as given in the statute, together with allegations relating to the character of the weapon used. (People v. Garcia, 25 Cal. 531.)
Second—After the jury had retired to deliberate upon their verdict they returned into…
2Cases cited4 opinions
- People v. VanardCalifornia Supreme Court · 1856
- People v. GarciaCalifornia Supreme Court · 1864
- People v. DavidsonCalifornia Supreme Court · 1855
- People v. NugentCalifornia Supreme Court · 1854
3Cited by8 opinions
- State v. RobeyNevada Supreme Court · 1873
- People v. LightnerCalifornia Supreme Court · 1874
- People v. OdellSupreme Court Of The Territory Of Dakota · 1875
- Ex parte Ah ChaCalifornia Supreme Court · 1870
- Harris v. StateCourt of Criminal Appeals of Oklahoma · 1919
3 more not listed; retrieve them via the Exa API.