People v. Farrell
California Supreme Court
Appeal from the County Court, Placer County. The defendant was indicted for an assault with an intent to commit a rape. The indictment was found December 6th, 1865. When the case was called, April 3d, 1866, upon a suggestion that the defendant was then insane, a special jury was impanelled to try that question, who found the defendant insane at the time. The case was then postponed.
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Appeal from the County Court, Placer County. The defendant was indicted for an assault with an intent to commit a rape. The indictment was found December 6th, 1865. When the case was called, April 3d, 1866, upon a suggestion that the defendant was then insane, a special jury was impanelled to try that question, who found the defendant insane at the time. The case was then postponed. The defendant was afterwards arraigned for trial in September, 1866. On the trial the prosecution called as a witness, J. Retinger, who was a Deputy Sheriff. The woman upon whom the assault was alleged to have…
1Opinion of the Court
By the Court, Sanderson, J.:
The indictment is faultless and the demurrer was properly overruled. Judging from the cases which come to this Court, it is becoming the practice in criminal cases to demur to the indictment, as of course, regardless of the question whether there is the slightest foundation for a demurrer or not. This practice is not to be encouraged. In civil cases it may be restrained by the imposition of costs, but no check can be applied in criminal cases except such as is afforded by a summary disposition of the demurrer and the expression of a decided disapprobation of the…
2Cited by38 opinions
- People v. BakerCalifornia Supreme Court · 1954
- People v. ZabijakMichigan Supreme Court · 1938
- City of San Francisco v. CanavanCalifornia Supreme Court · 1872
- In Re DennisCalifornia Supreme Court · 1959
- People v. Superior CourtCalifornia Supreme Court · 1935
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