People v. Christian
California Supreme Court
Appeal from a judgment of the Superior Court of Humboldt County, and from an order denying a new trial. The facts are stated in the opinion of the court.
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Appeal from a judgment of the Superior Court of Humboldt County, and from an order denying a new trial. The facts are stated in the opinion of the court. The defendant was not legally committed, as the name of the person assaulted was omitted from the commitment. {Ex parte Keil, 85 Cal. 310; Ex parte Branigan, 19 Gal. 136; Ex parte Bull, 42 Cal. 199.) The defendant was never examined on the charge of which he was convicted, as he was charged with assault on George Magin, and convicted of an assault on George Massino. This was error, for the defendant had a right to an examination before the…
1Opinion of the Court
Garoittte, J.—
The defendant, Christian, was convicted of the crime of assault with a deadly weapon upon the person of one George Massino, and now appeals from the judgment and order denying his motion for a new trial.
Upon being called to plead to the information, he moved to set it aside upon the ground that he had never been legally committed by a magistrate. And we think the proper disposition of that motion demands a reversal of the judgment. The inception of the present prosecution is founded in a complaint laid before a magistrate upon the oath of one Mck Savage. In that complaint John…
2Cases cited8 opinions
- People v. StaplesCalifornia Supreme Court · 1891
- People v. WallaceCalifornia Supreme Court · 1892
- People v. ChuckCalifornia Supreme Court · 1885
- People v. WheelerCalifornia Supreme Court · 1887
- Ex parte NicholasCalifornia Supreme Court · 1891
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3Cited by26 opinions
- People v. HinshawCalifornia Supreme Court · 1924
- People v. BirdCalifornia Supreme Court · 1931
- State v. McGreeveyIdaho Supreme Court · 1909
- People v. Lee LookCalifornia Supreme Court · 1904
- State v. RozumNorth Dakota Supreme Court · 1899
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