Legal Opinion

People v. Smith

California Supreme Court

Decided July 1, 1880No. 10,566PublishedCited by 6 opinions

Appeal from a judgment of conviction, and an order denying a new trial, in the Superior Court of the County of Del Norte. Murphy, J.

1Opinion of the Court

Thornton, J.:

The defendant was, by information, accused of murder, and on the trial, the jury found him guilty of murder in the second degree. The defendant moved for a new trial, which was denied, and the Court pronounced sentence that the defendant be punished by confinement in the State prison for the term of ten years. The defendant appealed from the order denying a new trial, and from the judgment.

The only error assigned in this Court arises in the refusal of the Court to instruct the jury.

The counsel for defendant asked that the jury be directed as follows:

“ If you find from the…

2Cases cited3 opinions

  1. People v. FrancisCalifornia Supreme Court · 1869
  2. People v. DonahueCalifornia Supreme Court · 1873
  3. People v. DickCalifornia Supreme Court · 1868

3Cited by6 opinions

  1. People v. SchmittCalifornia Supreme Court · 1895
  2. Walker v. . People of the State of New YorkNew York Court of Appeals · 1882
  3. Carpenter v. EwingCalifornia Supreme Court · 1888
  4. State v. MasonMontana Supreme Court · 1900
  5. Walker v. Superior CourtCalifornia Supreme Court · 1902

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