People v. Bealoba
California Supreme Court
Appeal from the Sixteenth District. Indictment for murder. The killing occurred at a dance house, where an officer had gone to arrest some supposed horse thieves, taking with him Dr. Roberts, the deceased, to identify them. Having arrived at the house, Roberts pointed out defendant and advised the officer to arrest him as a vagrant.
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Appeal from the Sixteenth District. Indictment for murder. The killing occurred at a dance house, where an officer had gone to arrest some supposed horse thieves, taking with him Dr. Roberts, the deceased, to identify them. Having arrived at the house, Roberts pointed out defendant and advised the officer to arrest him as a vagrant. After some talk, the defendant having a drawn pistol pointing downwards, began backing out of the house, and when in the street raised it and shot Roberts, who was near the door. As to the absence of the prisoner during a portion of the trial, the only facts shown…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
The main question in this case to which our attention is especially directed, is the charge of the District Judge defining murder in the first degree, and giving a construction to the statute on this subject. The Court told the jury that “ the difference between murder in the first and second degree is so subtle as frequently to puzzle the mind, and render difficult the solution. When the term premeditation or deliberation is used, the juror is apt to consider that some time is necessary for deliberation; but this is not necessary ; it is only requisite that the design to…
2Cases cited1 opinion
- People v. MooreCalifornia Supreme Court · 1857
3Cited by32 opinions
- People v. DillonCalifornia Supreme Court · 1983
- People v. HoltCalifornia Supreme Court · 1944
- People v. WileyCalifornia Supreme Court · 1976
- People v. DoyellCalifornia Supreme Court · 1874
- People v. HolmesCalifornia Supreme Court · 1897
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