Legal Opinion

People v. Murray

California Supreme Court

Decided July 1, 1858PublishedCited by 17 opinions

Appeal from the District Court of the Fourteenth Judicial District, County of Sierra. The facts sufficiently appear in the opinion of the Court.

1Opinion of the CourtBaldwin, J.

Terry, C. J., and Field, J., concurring.

The defendant was convicted of the crime of murder in the first degree. The conviction is sought to be impeached on two grounds:

1. That the indictment does not justify such a conviction. The indictment charges “that the said Michael Murray and Richard Galway, on the 27th of December, 1857, in said county of Sierra, did willfully and maliciously, feloniously, and of their malice aforethought, in and upon one Daniel Sweeny, make an assault,” etc.

It is argued, by the counsel for the appellant—as murder in the first degree is “that which shall be…

2Cases cited1 opinion

  1. People ex rel. Hamilton v. HarrisCalifornia Supreme Court · 1858

3Cited by17 opinions

  1. Horbach v. StateTexas Supreme Court · 1875
  2. Andrews v. PeopleSupreme Court of Colorado · 1905
  3. People v. YokumCalifornia Court of Appeal · 1956
  4. People v. ShaberCalifornia Supreme Court · 1867
  5. People v. DavenportCalifornia Court of Appeal · 1910

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