Legal Opinion
People v. Murphy
California Supreme Court
Decided July 1, 1870No. 2,037PublishedCited by 23 opinions
Appeal from the District Court of the Fifth District, San Joaquin County. The case is stated in the opinion. The objections to the indictment were raised upon demurrer, and on motion in arrest of judgment.
1Opinion of the CourtTemple, J.
The indictment in this case, leaving out the merely formal parts, is as follows :
“ The said John Murphy, on or about the 13th day of October, A. D. 1868, at and in the county and State aforesaid, feloniously, wilfully and of his malice aforethought, did kill and murder Patrick Murray,” etc.
It is objected to this indictment that it does not state the particular circumstances necessary to constitute the offense charged, and the particulars specified in the exception are, that it does not specify the means by which the death was occasioned, and that the deceased died within a year and a day…
2Cases cited1 opinion
- People v. CroninCalifornia Supreme Court · 1867
3Cited by23 opinions
- People v. BrengardNew York Court of Appeals · 1934
- Price v. StateCourt of Criminal Appeals of Oklahoma · 1913
- State v. LundhighIdaho Supreme Court · 1917
- People v. SnipeCalifornia Court of Appeal · 1972
- Elliott v. MillsCourt of Criminal Appeals of Oklahoma · 1959
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