People v. O'Brien
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order re-refusing a new trial. The defendant was charged with the crime of murder in killing Thomas Rosengrave at San Francisco, on the twenty-third day of October, 1887. The facts respecting the errors assigned upon this appeal are stated in the opinion of the court.
1Opinion of the Court
The Court.
— Defendant was convicted of murder in the second degree. The judgment directs imprisonment for ten years in the state prison at San Quentin.
The first point made by appellant is, that the court erred in admitting in evidence the coat worn by the deceased at the time of his death. It is said that there was no evidence to show that it was in the same condition at the trial that it was in when taken from the body of the deceased, — no evidence that there were any *44cuts in the coat or vest, or that the part of the body on which the wound was inflicted was covered by the coat or vest. It…
2Cases cited3 opinions
- People v. Hong Ah DuckCalifornia Supreme Court · 1882
- People v. KnappCalifornia Supreme Court · 1886
- People v. JanuaryCalifornia Supreme Court · 1888
3Cited by7 opinions
- People v. ConklingCalifornia Supreme Court · 1896
- People v. KingCalifornia Court of Appeal · 1966
- People v. BannonCalifornia Court of Appeal · 1922
- People v. WillCalifornia Court of Appeal · 1926
- People v. ElliottCalifornia Supreme Court · 1898
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