People v. Dougherty
California Supreme Court
Appeal from the Court of Sessions of the County of San Francisco. The defendant was indicted for an assault with a deadly weapon, committed in the city and county of San Francisco, on the person of a Chinaman. On the trial, the only witness examined testified that the offence was committed on the steamer Mew World, while she was about starting or was actually on her voyage from Sacraramento to the city of San Francisco.
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Appeal from the Court of Sessions of the County of San Francisco. The defendant was indicted for an assault with a deadly weapon, committed in the city and county of San Francisco, on the person of a Chinaman. On the trial, the only witness examined testified that the offence was committed on the steamer Mew World, while she was about starting or was actually on her voyage from Sacraramento to the city of San Francisco. Defendant’s counsel objected to this testimony on the ground that it was at variance with the charge specified in the indictment. The Court overruled the objection, and…
1Opinion of the CourtMurray, C. J.
The appellant was indicted for an assault with a deadly weapon, alleged to have been committed in the county of San Francisco. On the trial, it was shown that the assault was committed on board the steamer Mew World, either while lying at her berth in Sacramento, or on her passage to San Francisco. The prosecution was commenced under the eighty-ninth section of the criminal code, which provides that “ when an offence is com*398mitted within this State, on hoard of a vessel navigating a river, bay, or slough, or lying therein, in the prosecution of her voyage, the jurisdiction shall he in any…
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