People v. Gill
California Supreme Court
Appeal from the District Court of the Sixth Judicial District. The defendant was indicted for the crime of murder, charged to have been committed March 22, 1856. The case was tried September 8, 1856. The jury found a verdict of guilty of murder in the second degree. Defendant moved for a new trial, which was overruled, and defendant appealed.
1Opinion of the CourtChief Justice Murray
Mr. Justice Terry concurred.
The prisoner was indicted for murder, charged to have been committed on the 22d day of March, 1856, and was found “ guilty of the crime of murder in the second degree.”
At the time of the killing, charged in the indictment, there was no such dime known to the law as murder in the second degree, and the party could only have been convicted of murder or manslaughter.
The Act defining the offence of which the prisoner is found guilty, was not passed until the 16th of April, 1856, and provides that, upon trials for crimes committed previous to its passage, the party…
2Cited by18 opinions
- State v. DetterSupreme Court of North Carolina · 1979
- State v. BowenSupreme Court of Kansas · 1876
- Moore v. StateCourt of Criminal Appeals of Texas · 1897
- Archer v. StateIndiana Supreme Court · 1886
- People v. SnipeCalifornia Court of Appeal · 1972
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