People v. Roberts
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of Yolo. The facts and errors assigned are generally stated in the opinion of the Court.
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Appeal from the District Court of the Eleventh Judicial District, County of Yolo. The facts and errors assigned are generally stated in the opinion of the Court. The evidence shows that the prisoner, having a verbal dispute with his partner, the latter, in answer to an abusive epithet applied to him by the prisoner, replied, “ I am as white as you are,” or similar words ■, whereupon the prisoner seized a knife and stabbed him, inflicting three severe wounds, of which he died in a few minutes. The defence does not in any way contradict the evidence, but proves that after the killing, the…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
The appellant was indicted and convicted of the crime of murder.
The first error assigned is, that the indictment was not found by a lawfully constituted grand jury.
To support this proposition, it is alleged—First: That the sheriff who participated in the drawing of the jury, was appointed by the Judge of the County Court; admitting this, and that such appointment was void, still his acts as a de facto officer were good. This principle is too old to require argument or authority.
Second : It is said…
2Cited by25 opinions
- Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1908
- People v. SimmonsCalifornia Supreme Court · 1897
- People v. HunterCalifornia Supreme Court · 1879
- People v. SehornCalifornia Supreme Court · 1897
- People v. WilliamsCalifornia Supreme Court · 1872
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