Legal Opinion

People v. Sutton

California Supreme Court

Decided August 29, 1887No. 20305PublishedCited by 69 opinions

Appeal from a judgment of the Superior Court of Alameda County, and from an order refusing a new trial. The defendant was convicted of murder in the first degree, and moved for a new trial upon the ground of errors of law, insufficiency of evidence, and newly discovered evidence. The defense at the trial was that of insanity. The newly discovered evidence set forth in the moving affidavits was, that certain relatives of the defendant had been afflicted with insanity.

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Appeal from a judgment of the Superior Court of Alameda County, and from an order refusing a new trial. The defendant was convicted of murder in the first degree, and moved for a new trial upon the ground of errors of law, insufficiency of evidence, and newly discovered evidence. The defense at the trial was that of insanity. The newly discovered evidence set forth in the moving affidavits was, that certain relatives of the defendant had been afflicted with insanity. In connection with this defense, numerous witnesses who had known the defendant for many years testified in his behalf, and the…

1Opinion of the CourtSharpstein, J.

— On the trial the defendant testified on his own behalf, and on his cross-examination stated: “ I did not see Martin’s [deceased’s] cattle on my place but once after I got my gun, and it was too much trouble to get the gun and shoot them. I never thought of shooting them at all. I saw some of Martin’s cattle on my said place two years ago, but I did not shoot any of them. The next time that I saw any of them was on September 15, 1886 [the date of the homicide]. There were two bands, fifteen in one and eight in another. When I first saw them I was about a quarter of a mile away, at work at my…

2Cases cited8 opinions

  1. Baker v. JosephCalifornia Supreme Court · 1860
  2. Arnold v. SkaggsCalifornia Supreme Court · 1868
  3. People v. RussellCalifornia Supreme Court · 1873
  4. Hobler v. ColeCalifornia Supreme Court · 1874
  5. Jones v. SingletonCalifornia Supreme Court · 1872

3 more not listed; retrieve them via the Exa API.

3Cited by69 opinions

  1. People v. TurnerCalifornia Supreme Court · 1994
  2. People v. DyerCalifornia Supreme Court · 1988
  3. Parrish v. StateSupreme Court of Alabama · 1903
  4. People v. WeberCalifornia Supreme Court · 1906
  5. People v. DelgadoCalifornia Supreme Court · 1993

64 more not listed; retrieve them via the Exa API.

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