Legal Opinion

People v. Martin

California Supreme Court

Decided July 1, 1873No. 10,049PublishedCited by 6 opinions

Appeal from the District Court of the Fifteenth Judicial District, Contra Costa County. The defendant was indicted for the crime of murder in the first degree, as stated in the opinion. Upon the trial he was found guilty and was adjudged to suffer death. He appealed from the judgment.

1Opinion of the Court

By the Court, Belcher, J.:

The only point upon which the appellant relies for a reversal of the judgment in this case is the insufficiency of *102the indictment to warrant a conviction of the crime of murder in the first degree. Leaving out formal parts the indictment charges that the persons thereby accused “in and upon one Valentine Eichler, then and there being unlawfully, feloniously and of their malice aforethought, did make an assault, and the said Marshal Martin and Elizabeth Eichler, with a certain ax made of iron and steel, which they, the said Marshall Martin and Elizabeth Eichler, in…

2Cases cited1 opinion

  1. People v. CroninCalifornia Supreme Court · 1867

3Cited by6 opinions

  1. Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
  2. Porter v. StateCourt of Criminal Appeals of Texas · 1918
  3. People v. DavisCalifornia Supreme Court · 1887
  4. People v. HyndmanCalifornia Supreme Court · 1893
  5. Territory v. BanniganSupreme Court Of The Territory Of Dakota · 1877

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