People v. De La Cour Soto
California Supreme Court
Appeal from a judgment of conviction, and from an order denying a new trial in the Superior Court of the county of Santa Clara. Beldeít, J. The facte are stated in the opinion of the court.
1Opinion of the CourtRoss, J.
The point chiefly argued for the defendant is that, under the information against him, he could not be legally convicted of murder of the first degree. The information is in the language of the statute defining murder, which is: “ Murder is • the unlawful killing of a human being with malice aforethought.” (Pen. Code, § 187.) Murder, thus defined, includes murder in the first degree and murder in the second degree.
It has many times been decided by this court that it is sufficient to charge the offense committed in the language of the statute defining it. As the offense charged in this case…
2Cited by10 opinions
- People v. GorshenCalifornia Supreme Court · 1959
- People v. WittCalifornia Supreme Court · 1915
- State v. DayWashington Supreme Court · 1892
- State v. Lu SingMontana Supreme Court · 1906
- People v. Lee LookCalifornia Supreme Court · 1902
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