People v. Wyman
California Supreme Court
Appeal from the Twelfth District. Indictment for murder. The indictment was found at the July Term, 1859, of the Court of Sessions, B. F. Fox, then County Judge, presiding, Maxson and Crook being the Associate Justices.
Read the full summary
Appeal from the Twelfth District. Indictment for murder. The indictment was found at the July Term, 1859, of the Court of Sessions, B. F. Fox, then County Judge, presiding, Maxson and Crook being the Associate Justices. Maxson and Crook were elected such Associates at a convention of the Justices of the Peace of the county, held in October, 1858, over which H. Templeton presided, he being at that time the acting County Judge— pending a contest between himself and Fox, as to who was County Judge de jure. This contest resulted subsequently in favor of Fox. Defendant moved, in the Twelfth…
1Opinion of the CourtCope, J.
Baldwin, J. and Field, C. J. concurring.
The defendant was convicted of manslaughter. None of the assignments of error are well taken.
1. There is nothing in the point that the Court of Sessions in which the indictment was found, was not legally organized. The convention *74at which the Associate Justices were elected, was presided over by a person who was then acting as County Judge, and the fact that it was afterward determined that another person had been legally elected to that office, did not render his official acts illegal and invalid.
2. The statements of the defendant, as to what he…
2Cited by13 opinions
- People v. StrongCalifornia Supreme Court · 1866
- People v. GarciaCalifornia Supreme Court · 1935
- People v. HendersonCalifornia Supreme Court · 1865
- People v. WilliamsCalifornia Court of Appeal · 1957
- Ex parte SontagCalifornia Supreme Court · 1884
8 more not listed; retrieve them via the Exa API.