People v. Neary
California Supreme Court
Appeal from a judgment of tlie Superior Court of Santa Cruz County, and from an order denying a new trial. The main facts are stated in the opinion of the court.
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Appeal from a judgment of tlie Superior Court of Santa Cruz County, and from an order denying a new trial. The main facts are stated in the opinion of the court. The instruction referred to in the opinion of the court, as pointed out in appellant’s points and authorities, was as follows: “There are two classes of evidence recognized and admitted in courts of justice, upon either of which juries may find an accused guilty of crime; one is direct and positive testimony of an eyewitness to the commission of the crime, and the other is proved by testimony of a chain of circumstances pointing…
1Opinion of the CourtMcFarland, J.
Appellant was charged by information with the murder of his wife, Catherine Neary, and was convicted of murder in the second degree. He appeals from the judgment, and from an order denying his motion for a new trial.
1. Appellant objected to being required to plead, upon the ground that he had not been arraigned, because there was not read to him at the time of his alleged arraignment a list of witnesses. Assuming that the point sought to be presented can be raised upon such an objection without moving to set aside the information, still, as there is no requirement that the names of witnesses…
2Cases cited2 opinions
- People v. BushtonCalifornia Supreme Court · 1889
- People v. ShermanCalifornia Supreme Court · 1893
3Cited by14 opinions
- State v. HazletNorth Dakota Supreme Court · 1907
- Lumpkin v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Pueblo v. DonesSupreme Court of Puerto Rico · 1940
- Whitney v. DeweyIdaho Supreme Court · 1905
- State v. VacosUtah Supreme Court · 1911
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