Legal Opinion

People v. Lum Yit

California Supreme Court

Decided February 10, 1890No. 20579PublishedCited by 19 opinions

Appeal from an order of the Superior Court of the city and county of San Francisco granting a new trial. The facts are stated in the opinion.

1Opinion of the Court

Gibson, C.

— The respondent in this case was charged with and convicted of the crime of robbery. He moved for and obtained a new trial; from the order granting his motion, the people appeal.

The fourth and sixth of the several grounds upon which the motion was .based were, respectively, that the verdict was contrary to the evidence, and that material evidence had been newly discovered, which the defendant with reasonable diligence could not have found and produced at the trial:

In support of the motion upon the last ground, the respondent introduced the affidavits of six different persons. The…

2Cases cited5 opinions

  1. People v. AshnauerCalifornia Supreme Court · 1873
  2. People v. BakerCalifornia Supreme Court · 1870
  3. Treat v. LiddellCalifornia Supreme Court · 1858
  4. People v. HotzCalifornia Supreme Court · 1887
  5. People v. McAuslanCalifornia Supreme Court · 1872

3Cited by19 opinions

  1. People v. RobargeCalifornia Supreme Court · 1953
  2. People v. TapiaCalifornia Supreme Court · 1901
  3. People v. KnutteCalifornia Supreme Court · 1896
  4. Estate of BainbridgeCalifornia Supreme Court · 1915
  5. Serles v. SerlesOregon Supreme Court · 1899

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