People v. Noll
California Supreme Court
Appeal from the Hinth Judicial District. Indictment for murder. Defendant was arraigned on the fourteenth day of December, 1861, and plead guilty; thereupon the Court fixed the twenty-first day of December to have witnesses examined in reference to the degree of guilt and to pronounce judgment. On the twenty-first of December, the defendant was brought into Court, and two witnesses were examined touching the circumstances of the killing.
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Appeal from the Hinth Judicial District. Indictment for murder. Defendant was arraigned on the fourteenth day of December, 1861, and plead guilty; thereupon the Court fixed the twenty-first day of December to have witnesses examined in reference to the degree of guilt and to pronounce judgment. On the twenty-first of December, the defendant was brought into Court, and two witnesses were examined touching the circumstances of the killing. On the conclusion of the examination, defendant was asked by the Court if he had any cause to show why judgment should not be pronounced; and no cause being…
1Opinion of the CourtNorton, J.
The proceeding to determine the degree of the crime of murder after a plea of guilty is not a trial. Ho issue was joined upon which there could be a trial. There is no provision of the Constitution or of any statute which prevents a defendant from pleading guilty instead of having a trial by jury. If he elects to plead guilty to the indictment, the provision of the statute for determining the degree of the guilt, for the purpose of fixing the punishment, does not deprive him of any right of trial by jury.
The statute does not, in terms, require that the examination'of witnesses to ascertain…
2Cited by28 opinions
- People v. HickmanCalifornia Supreme Court · 1928
- The People v. PopescueIllinois Supreme Court · 1931
- People v. ErnstCalifornia Supreme Court · 1994
- Krolage v. PeopleIllinois Supreme Court · 1906
- People v. LennoxCalifornia Supreme Court · 1885
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