People v. War
California Supreme Court
Appeal from the Court of Sessions of Santa Clara. Defendant demurred to the indictment. Demurrer sustained, and judgment thereon entered in favor of defendant, from which this appeal is taken by the people.
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Appeal from the Court of Sessions of Santa Clara. Defendant demurred to the indictment. Demurrer sustained, and judgment thereon entered in favor of defendant, from which this appeal is taken by the people. The indictment is as follows: William War is accused by the Grand Jury of the county of Santa Clara, State of California, by this indictment, of the crime of an assault with a deadly weapon, with an intent to inflict upon the person of another a bodily injury, there appearing no considerable provocation therefor, committed as follows, to wit: The said William War, on the ninth day of July,…
1Opinion of the Court
Norton, J. delivez-ed the opinion of the Court—Field, C. J. concurring.
The indictment in this case ÍS’ for the crime of “ an assault with a deadly weapon, with intent to inflict upon the person of another a *119bodily injury, there appearing no considerable provocation therefor.” A demurrer to the indictment was sustained, and the people have appealed.
The indictment is proper in form. The offense could not be stated in any other mode that would better comply with the rules of criminal pleading or the requirements of the Act to regulate proceedings in criminal cases. Section two hundred and…
2Cases cited1 opinion
- People v. CornellCalifornia Supreme Court · 1860
3Cited by19 opinions
- People v. BanksCalifornia Supreme Court · 1959
- People v. CollinsCalifornia Supreme Court · 1925
- People v. BorenCalifornia Supreme Court · 1903
- In Re RogersCalifornia Court of Appeal · 1937
- Territory v. GuthrieIdaho Supreme Court · 1888
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