People v. Thompson
California Supreme Court
Appeal from the Fifth Judicial District. Thompson was convicted of tbe murder of Andreas Fajardo. Tbe indictment commenced tbus: “John H. [239] Thompson is *accused by tbe grand jury of Calaveras County, by this indictment, of tbe crime of murder, committed as follows:5’ It tben proceeds to charge tbe offense in the adopted technical form of an indictment for murder by shooting, but omits the averments locating and describing the wounds, and the averment that it is found on…
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Appeal from the Fifth Judicial District. Thompson was convicted of tbe murder of Andreas Fajardo. Tbe indictment commenced tbus: “John H. [239] Thompson is *accused by tbe grand jury of Calaveras County, by this indictment, of tbe crime of murder, committed as follows:5’ It tben proceeds to charge tbe offense in the adopted technical form of an indictment for murder by shooting, but omits the averments locating and describing the wounds, and the averment that it is found on the oaths of the jurors. Thompson applied for a postponement of his trial, and, in support of his application, filed his…
1Opinion of the Court
Mr. Ch. J. .Murray
delivered the opinion of the Court.
Mr. J. Heydenfeldt concurred.
This appeal is prosecuted from a judgment of the District Court, the appellant having been found guilty of “murder.”
1. The first error assigned is, that the indictment is “insufficient in law for want of accuracy,” etc.
The criminal code of this State has abolished the subtle distinctions and nice technicalities usually observed in an *indictment at common law. The [240] Legislature, regarding the form of indictments as used in the older States as of little consequence, so far as the substantial rights of the…
2Cited by8 opinions
- People v. WilliamsCalifornia Supreme Court · 1864
- Ex Parte Monckros Von VetseraCalifornia Court of Appeal · 1907
- Jiménez Meléndez v. JonesSupreme Court of Puerto Rico · 1953
- Perkins v. Territory of OklahomaSupreme Court of Oklahoma · 1900
- Cahoon v. LevyCalifornia Supreme Court · 1858
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