Legal Opinion

People v. Newcomer

California Supreme Court

Decided September 14, 1897No. Crim. No. 288PublishedCited by 45 opinions

APPEAL from a judgment of tbe Superior Court of Tuolumne County and from an order denying a new trial. G. W. Nicol, Judge. Tbe facts are stated in tbe opinion of tbe court.

1Opinion of the CourtMcFARLAND, J.

The defendant was charged with tbe murder of one Caleb Dorsey, and was convicted of murder in tbe second degree. He appeals from tbe judgment and from an order denying his motion for a new trial.

Tbe appellant bases bis contention for a reversal upon tbe grounds: 1. Insufficiency-of tbe evidence to justify tbe verdict; and ¾. Errors committed by tbe court in its instructions to the *266jury. As in our opinion, tbe judgment must be reversed upon tbe second ground, it is not necessary to consider tbe first ground.

Altbougb tbe evidence taken at tbe trial occupies a good many pages of tbe transcript,…

2Cases cited4 opinions

  1. Beard v. United StatesSupreme Court of the United States · 1895
  2. People v. IamsCalifornia Supreme Court · 1880
  3. People v. LewisCalifornia Supreme Court · 1897
  4. People v. WilliamsCalifornia Supreme Court · 1887

3Cited by45 opinions

  1. Hedges v. StateSupreme Court of Florida · 1965
  2. People v. MaughsCalifornia Supreme Court · 1906
  3. People v. HatchettCalifornia Court of Appeal · 1944
  4. People v. DewberryCalifornia Supreme Court · 1959
  5. People v. RyanCalifornia Supreme Court · 1907

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