People v. Holmes
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. Edward A. Belcher, Judge.
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APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. Edward A. Belcher, Judge. The affidavits of the jurors referred to in the opinion set forth that they did not wish to convict the defendants of any manslaughter which was a felony, and for that reason refused to change their verdict and to strike out the words “not a felony”; that they understood that they were convicting the defendants of something less than a felony, and their idea was to find them guilty of nothing moré than a misdemeanor. Further facts are stated in…
1Opinion of the Court
CHIPMAN, C.
Defendants were jointly indicted and tried for the murder of one C. A. Mars in the city and county of San Francisco, on the tenth day of March, 1896. They were convicted of involuntary manslaughter, and sentenced to one year in the state penitentiary. The appeal is from the judgment and the order denying motion for new trial.
The verdict is claimed to be erroneous for: 1. Insufficiency of evidence to support it; and 2. To be either void or in effect an acquittal by reason of its form. That portion of the verdict drawn in question is as follows:
“Second. We find a verdict of 'guilty5…
2Cases cited7 opinions
- Kelley v. . People of the State of N.Y.New York Court of Appeals · 1874
- People v. DouglassCalifornia Supreme Court · 1893
- People v. OldhamCalifornia Supreme Court · 1896
- People v. MunnCalifornia Supreme Court · 1884
- People v. BealobaCalifornia Supreme Court · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- People v. CollierCalifornia Court of Appeal · 1931
- People v. CollinsCalifornia Supreme Court · 1925
- People v. TinninCalifornia Court of Appeal · 1934
- People v. SalingCalifornia Supreme Court · 1972
- People v. HatchCalifornia Court of Appeal · 1910
53 more not listed; retrieve them via the Exa API.