Legal Opinion

People v. King

California Supreme Court

Decided July 1, 1865PublishedCited by 85 opinions

Appeal from the District Court, Ninth Judicial District, Siskiyou County. The following is a copy of the indictment in this case : “ The People of the State of California against Thomas King.

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Appeal from the District Court, Ninth Judicial District, Siskiyou County. The following is a copy of the indictment in this case : “ The People of the State of California against Thomas King. “ In the Court of Sessions of the County of Siskiyou and State of California, October Term, A. D. 1863. “ Thomas King is accused by the Grand Jury of the County of Siskiyou aforesaid by this indictment of the crime of murder of the first degree, committed as follows : The said Thomas King, on the second day of July, A. D. 1863, at the County of Siskiyou and State of California, in and upon one James…

1Opinion of the Court

By the Court, Sandeeson, C. J.

The objections to the indictment are not well taken. There is some conflict in the decisions in this State as to what must be alleged in an indictment for murder. Some of the cases go so far as to hold that the essential averments of an indictment under our criminal code are the same as at common law, and that therefore a statement of the manner of the death and the means by which it was effected is indispensable. (People v. Wallace, 9 Cal. 30 ; People v. Cox, 9 Cal. 33 ; People v. Lloyd, 9 Cal. 54.) In other cases it has been held that our criminal *510code changes…

2Cases cited10 opinions

  1. People v. WilliamsCalifornia Supreme Court · 1860
  2. People v. LevisonCalifornia Supreme Court · 1860
  3. Curtis v. Richards & VantineCalifornia Supreme Court · 1858
  4. People v. BelenciaCalifornia Supreme Court · 1863
  5. People v. MahoneyCalifornia Supreme Court · 1861

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

3Cited by85 opinions

  1. People v. GorshenCalifornia Supreme Court · 1959
  2. People v. GeigerCalifornia Supreme Court · 1984
  3. People v. CroninCalifornia Supreme Court · 1867
  4. People v. BeeslyCalifornia Court of Appeal · 1931
  5. People v. RozelleCalifornia Supreme Court · 1888

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

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