People v. Urias
California Supreme Court
Appeal from the Court of Sessions, County of Contra Costa. The defendant was indicted for an assault with a deadly weapon, with intent to kill. He plead not guilty ; was tried by a jury who returned the following verdict: “We, the jury, find the defendant guilty as charged in the indictment.” Upon this verdict judgment was rendered, and the defendant was sentenced to five years’ confinement in the State prison.
Read the full summary
Appeal from the Court of Sessions, County of Contra Costa. The defendant was indicted for an assault with a deadly weapon, with intent to kill. He plead not guilty ; was tried by a jury who returned the following verdict: “We, the jury, find the defendant guilty as charged in the indictment.” Upon this verdict judgment was rendered, and the defendant was sentenced to five years’ confinement in the State prison. The defendant moved the Court to arrest the judgment upon the following grounds : 1st. The facts stated in the indictment do not constitute a public offense. 2d. The indictment does…
1Opinion of the CourtTerry, C. J.
The indictment charges that defendant at, etc., “ in and upon one John Provisso feloniously did make an assault with a deadly weapon, to wit, a pistol loaded with powder and ball, with intent then and there to kill said Provisso, without any just cause or provocation, but with an abandoned and malignant heart.”
The statute requires that an indictment shall be direct and certain as to the person charged ; the offense charged and the circumstances constituting the offense, when necessary to constitute a complete offense, (sec. 239) and the offense charged, must be so clearly and distinctly set…
2Cited by3 opinions
- People v. ArnoldCalifornia Supreme Court · 1897
- People v. MendenhallCalifornia Supreme Court · 1902
- People v. SchmidtCalifornia Supreme Court · 1883