Legal Opinion

People v. McNamara

California Supreme Court

Decided May 12, 1892No. 20877PublishedCited by 29 opinions

Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. 'The facts are stated in the opinion of the court.'

1Opinion of the CourtPaterson, J.

The defendant was convicted of robbery, and sentenced to serve a term of fifteen years in the state prison.

It is urged with much earnestness that the judgment should be reversed, because the evidence is insufficient to support the verdict. We find, however, from an inspection of the testimony, that this contention cannot be sustained without a judicial invasion of the province of *512the jury, and a violation of the well-established rule applicable to cases in which there is a substantial conflict of evidence. Runyon, the prosecuting witness, testified that on the night of December 31, 1890,…

2Cases cited2 opinions

  1. People v. JohnsonCalifornia Supreme Court · 1891
  2. Commonwealth v. FaganMassachusetts Supreme Judicial Court · 1871

3Cited by29 opinions

  1. People v. WrightCalifornia Supreme Court · 1988
  2. People v. SlocumCalifornia Court of Appeal · 1975
  3. State v. MarrenIdaho Supreme Court · 1910
  4. People v. WinthropCalifornia Supreme Court · 1897
  5. Gillespie v. StateCourt of Criminal Appeals of Oklahoma · 1960

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