People v. Steventon
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Amador. The defendant and one William Leversage, were indicted for the crime of murder.
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Appeal from the District Court of the Fifth Judicial District, County of Amador. The defendant and one William Leversage, were indicted for the crime of murder. The allegation in the indictment of the offence is as follows: “ The said William Leversage and Samuel Steventon, on the thirtieth day of November, a. d. 1857, at the county of Amador and State of California, in and upon one Abraham Hostetter, feloniously, willfully, and of their malice aforethought, did make an assault, and did then and there feloniously, willfully, and of their malice aforethought, cut, stab, and wound him, the said…
1Opinion of the CourtTerry, C. J.
The objections to the indictment are not sustained by the authorities cited.
It is alleged that the defendant at a time and place mentioned, feloniously assaulted, cut, and stabbed the deceased, and inflicted *275on him. one mortal wound, of which mortal wound, he on the same day died; this, we think, is a sufficient statement of the facts constituting the offence.
The omission to describe the weapon used is not material. Though it is usual to name some weapon, the prosecution is never held to prove the killing by the weapon charged. It is sufficient if it is proven to have been done with any other…
2Cited by12 opinions
- People v. CroninCalifornia Supreme Court · 1867
- People v. KingCalifornia Supreme Court · 1865
- Brown v. StateSupreme Court of Florida · 1881
- Molina v. Territory of ArizonaArizona Supreme Court · 1908
- Walker v. StateSupreme Court of Florida · 1894
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