Legal Opinion

People v. Brown

California Supreme Court

Decided July 15, 1881No. 10,601PublishedCited by 14 opinions

Appeal from a judgment of conviction and from a motion denying a new trial in the Superior Court of the County of Sonoma, Pressley, J. The following were the instructions asked by the defendant and refused by the Court: “ 1. I instruct you that the warrant of arrest under which the constable and posse were acting at the time of the shooting of Wright was void, and did not authorize said constable to arrest or attempt the arrest of defendant.

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Appeal from a judgment of conviction and from a motion denying a new trial in the Superior Court of the County of Sonoma, Pressley, J. The following were the instructions asked by the defendant and refused by the Court: “ 1. I instruct you that the warrant of arrest under which the constable and posse were acting at the time of the shooting of Wright was void, and did not authorize said constable to arrest or attempt the arrest of defendant. “ 2. I instruct you that the complaint filed before the Justice of the Peace, and which has been introduced in evidence in this case, charges a…

1Opinion of the Court

McKee, J.:

The defendant, jointly with Carr, Gaunce, Billings, and Wheeler, was indicted for the murder of William- Wright, in Mendocino County, on October 15, 1879, and was, upon a separate trial, convicted of murder of the first degree, and sentenced to be hanged. From the judgment he has appealed, and it is contended in his behalf that his conviction was illegal: 1. Because the Court, on the trial of the case, erred in admitting in evidence against him a warrant of arrest which purported to have been issued against all the defendants by fictitious names, but which, on its face, was i and…

2Cases cited6 opinions

  1. Bloomer v. StateCourt of Appeals of Maryland · 1878
  2. State v. PorterSupreme Court of Iowa · 1871
  3. People v. MortierCalifornia Supreme Court · 1881
  4. People v. CottaCalifornia Supreme Court · 1874
  5. People v. McCauleyCalifornia Supreme Court · 1851

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. People v. GriffinCalifornia Court of Appeal · 1950
  2. People v. ArnoldCalifornia Supreme Court · 1926
  3. People v. FordCalifornia Court of Appeal · 1914
  4. People v. LapierreCalifornia Supreme Court · 1928
  5. People v. ZimmermanCalifornia Court of Appeal · 1906

9 more not listed; retrieve them via the Exa API.

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