People v. Campbell
California Supreme Court
Appeal from a judgment of conviction and an order denying a new trial in the Superior Court of San Joaquin County. Buckley, J., and Paterson, J.
1DissentSharpstein, J.
On the ninth day of August, 1880, the information upon which the defendant was tried for murder was filed in the Superior Court of San Joaquin county. The homicide was alleged to have been committed on the eighth day of August, 1880, but it was proved to have been committed on the eighth day of August, 1879. The variance between the allegation and proof as to the date of the homicide is material if, as I *253think, the defendant could not be proceeded against by information for a felony committed prior to April 9, 1880, when the act to provide for prosecutions by information went into effect. At…
2Cases cited7 opinions
- People v. RectorNew York Supreme Court · 1838
- People v. ScogginsCalifornia Supreme Court · 1869
- Wiggins v. PeopleSupreme Court of the United States · 1876
- People v. BrothertonCalifornia Supreme Court · 1874
- McKeen v. NaughtonCalifornia Supreme Court · 1891
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