People v. Dick
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. The defendant was indicted for the murder of one S. M. Simpson, and on the trial was convicted of murder in the first degree.
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Appeal from the District Court, Fifth Judicial District, San Joaquin County. The defendant was indicted for the murder of one S. M. Simpson, and on the trial was convicted of murder in the first degree. The defendant moved, before sentence, for a new trial, on the ground,' among others, that the Court by its instructions misdirected the jury; also, in arrest of judgment, on the ground, among others, that upon the verdict as rendered, no judgment of conviction can he lawfully rendered. The verdict of the jury was in the words following, to wit: “ Stockton, Oct. 12th, 1867. “ We, the jurors in…
1Opinion of the Court
By the Court, Sanderson, J.:
In the course of its instructions to the jury, the Court below used the following language: “ The defendant is charged with having murdered, in this county, on or about the 12th day of May, 1866, one S. M. Simpson. How, the first question for your decision is this : Was S. M. Simpson, on or about the 14th day of May, 1866, in this county, murdered ? In determining that question, the Court thinks, you can have no hesitation whatever.”
And at another place the following: “ Aside from the testimony given as to the statements of the defendant himself, as claimed to have…
2Cases cited3 opinions
- People v. KingCalifornia Supreme Court · 1865
- People v. LevisonCalifornia Supreme Court · 1860
- People v. DickCalifornia Supreme Court · 1867
3Cited by7 opinions
- Sharp v. StateSupreme Court of Arkansas · 1888
- People v. Van EwanCalifornia Supreme Court · 1896
- Carpenter v. EwingCalifornia Supreme Court · 1888
- Quint v. DimondCalifornia Supreme Court · 1905
- State v. MasonMontana Supreme Court · 1900
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