People v. Vanard
California Supreme Court
Appeal from the Court of Sessions of Sacramento County. The defendant, was indicted for an assault with intent to commit murder. The jury brought in a verdict of assault with intent to do bodily injury. The Court below thereupon sentenced the prisoner to one year’s imprisonment, and to pay a fine of $3,000 and the costs of prosecution. Defendant appealed.
1Opinion of the CourtChief Justice Murray
Mr. Justice Terry concurred.
The first error relied on by the appellant is the refusal of the Court to continue the cause on the ground of the absence of a material witness. The affidavit does not show sufficient diligence on, the part of the prisoner and the application was therefore properly denied.
The next objection which is urged, is the informality of the verdict. The defendant was indicted for “ an assault with the intent to commit murder.” The jury found the prisoner “ guilty of an assault with the intent to do bodily injury.”
In the case of the People v. John Nugent, 3 Cal., 341, we…
2Cases cited1 opinion
- Henly v. HastingsCalifornia Supreme Court · 1853
3Cited by24 opinions
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