Legal Opinion

People v. Carroll

California Court of Appeal

Decided May 22, 1905No. Crim. No. 2PublishedCited by 17 opinions

APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. Henry C. Gesford, Judge presiding. The facts are stated in the opinion of the court.

1Opinion of the CourtCooper, J.

The information states: “The said John Carroll, on the tenth day of March, A. D. nineteen hundred and four, at the said city and county of San Francisco, state of California, did then and there willfully, unlawfully and feloniously commit the crime against nature with and upon one Frank Derby by then and there having carnal knowledge of the body of said Frank Derby, contrary to the form, etc. ...” Defendant was found “guilty as charged in the information,” and sentenced to a term of seventeen years in the state prison. He now claims that the information does not charge a public offense, and…

2Cases cited6 opinions

  1. Honselman v. PeopleIllinois Supreme Court · 1897
  2. People v. OatesCalifornia Supreme Court · 1904
  3. Commonwealth v. SquiresMassachusetts Supreme Judicial Court · 1867
  4. People v. TerrillCalifornia Supreme Court · 1899
  5. People v. WilliamsCalifornia Supreme Court · 1868

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3Cited by17 opinions

  1. People v. BattilanaCalifornia Court of Appeal · 1942
  2. People v. FeldCalifornia Supreme Court · 1906
  3. People v. FuskiCalifornia Court of Appeal · 1920
  4. People v. GannCalifornia Court of Appeal · 1968
  5. Martin v. PERTH AMBOY GENERAL HOSPITALNew Jersey Superior Court Appellate Division · 1969

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