People v. Byrnes
California Supreme Court
Appeal from the District Court, Twelfth. Judicial District, City and County of San Francisco. The defendant was indicted for the crime of murder, committed by killing one Charles T. Hill on the 19th of February, 1865. He was convicted of murder in the first degree, and sentenced to be executed, and appealed from the judgment. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Shafter, J.:
It is neither necessary nor proper for the Court, on the trial of an indictment for murder, to give an extended or any definition of murder in the second degree, unless there is evidence in the case tending to prove that the crime was or may have been of that grade in the given instance. Instructions are always to be given with reference to the facts proved before the jury, (People v. McCauley, 1 Cal. 385 ; People v. Arnold, 15 Cal. 477; People v. Sanchez, 24 Cal. 18; People v. King, 27 Cal. 509.) We consider that all the evidence having to do with the question…
2Cases cited3 opinions
- People v. McCauleyCalifornia Supreme Court · 1851
- People v. Ah FungCalifornia Supreme Court · 1861
- Lestrade v. BarthCalifornia Supreme Court · 1861
3Cited by16 opinions
- People v. BolinCalifornia Supreme Court · 1998
- People v. KingCalifornia Court of Appeal · 1938
- People v. FarringtonCalifornia Supreme Court · 1931
- Rush v. FrenchArizona Supreme Court · 1874
- People v. ForbsCalifornia Supreme Court · 1965
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