People v. Cronin
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Marin County. The defendant was indicted by the Grand Jury of Marin County of murder.
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Appeal from the District Court, Seventh Judicial District, Marin County. The defendant was indicted by the Grand Jury of Marin County of murder. The first count of the indictment was as follows, to wit: “ The said Timothy Cronin is accused by the Grand Jury of the County of Marin, State of California, by this indictment of the crime of murder, committed as follows, to wit : The said Timothy Cronin, on the eighteenth day of July, A. D. eighteen hundred and sixty-six, and prior to the finding of this indictment, at the County of Marin, State of California, in and upon Julia Cronin, unlawfully,…
1Opinion of the Court
By the Court, Sanderson, J.:
The averment that the homicide was committed “ by some means, instruments and weapons to the Grand Jury unknown,” is sufficient. The only reason assigned by the common law why the manner and means by which the homicide was committed should be stated in the indictment, was that the defendant might be fully informed as to the case against him, and thereby enabled to prepare for his defense. As we had occasion to remark in the case of The People v. King, 27 Cal. 510, this reason of the common law was but a flimsy pretext, for if the defendant was guilty, he stood in…
2Cases cited4 opinions
- People v. KingCalifornia Supreme Court · 1865
- Hutton v. FrisbieCalifornia Supreme Court · 1869
- People v. SteventonCalifornia Supreme Court · 1858
- People v. JuddCalifornia Supreme Court · 1858
3Cited by94 opinions
- Goodwin v. StateIndiana Supreme Court · 1883
- People v. DoleCalifornia Supreme Court · 1898
- Vaughan v. StateSupreme Court of Arkansas · 1894
- People v. SanfordCalifornia Supreme Court · 1872
- Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
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