People v. Hobson
California Supreme Court
Appeal from the Sixth District. Indictment for assault with intent to commit murder. Plea: Not guilty. It was proved that on a certain morning one Gardiner was standing in a book store in Sacramento, conversing with a friend, when the defendant rushed up without being seen by Gardiner, and shot him in the back with a pistol and then ran off.
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Appeal from the Sixth District. Indictment for assault with intent to commit murder. Plea: Not guilty. It was proved that on a certain morning one Gardiner was standing in a book store in Sacramento, conversing with a friend, when the defendant rushed up without being seen by Gardiner, and shot him in the back with a pistol and then ran off. Defendant’s counsel, after this proof, “ admitted the shooting as charged, and that it was done under circumstances that would have constituted murder if the defense set up is'not good.” The prosecution rested. The defense offered proof tending to show…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
The defendant was convicted of an assault with intent to murder.
I. The first error assigned is, that the proceedings were irregular in this: that the motion for a new trial was passed on by a Court composed of different members from those before whom the trial was had. This fact only appears by the minutes, in which the *429names of the Justices composing the Court on the motion and in the previous stages of the trial are recited. No objection to the hearing of the motion by the Justices then present and acting was made by the prisoner.
We intimated in a previous case the…
2Cited by15 opinions
- Freeman v. United StatesCourt of Appeals for the Second Circuit · 1915
- People v. SloperCalifornia Supreme Court · 1926
- Halko v. StateSupreme Court of Delaware · 1961
- People v. TokichCalifornia Court of Appeal · 1954
- People v. HendersonCalifornia Supreme Court · 1865
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