People v. Kelly
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. The defendant was indicted for murder, under the name of "Stewart Kelly," by the grand jury of El Dorado county. On his arraignment he declared his true name to be William Stewart Kelly, which name was ordered to be inserted in the record.
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Appeal from the District Court of the Sixth Judicial District. The defendant was indicted for murder, under the name of "Stewart Kelly," by the grand jury of El Dorado county. On his arraignment he declared his true name to be William Stewart Kelly, which name was ordered to be inserted in the record. The indictment accuses the defendant, and two others, in the usual formal language, of committing the crime, by assaulting and wounding one Howe, on the-day of ■-, 1855, by shooting him with a gun, inflicting a wound, of which said Howe instantly died. On motion of defendant, the venue was…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
The defendant was indicted by the name of Stewart Kelly. On the *212arraignment the Court instructed him, that if he was not indicted by his true name, he might then give it, which he accordingly did, as William Stewart Kelly. This name was entered upon the minutes of the Court, in conformity with the two hundred and seventy-third section of the Criminal Code, (Comp. Laws, 246.)
It is contended that the indictment is wholly insufficient—first, because no time or express day is laid on which the offence…
2Cited by19 opinions
- People v. CrosbyCalifornia Supreme Court · 1962
- People v. RobinsonCalifornia Supreme Court · 2010
- Commonwealth v. LaddSupreme Court of Pennsylvania · 1960
- Commonwealth v. GedziumMassachusetts Supreme Judicial Court · 1927
- State v. ThompsonMontana Supreme Court · 1891
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