Legal Opinion

People v. Judd

California Supreme Court

Decided July 1, 1858PublishedCited by 9 opinions

Appeal from the District Court of the Eighth Judicial District, County of Del Uorte. The indictment in this case is as follows: “The People of the State of California v. William Judd, Eli Judd, and-Walker.—State of California: In the Court of Sessions of the County of Pel Norte—Special Term, A. P. 1858.— The grand jury of the county of Del Eorte, by this indictment, accuse William Judd, Eli Judd, and-Walker, the defendants, of the crime of murder, committed as follows: “The…

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Appeal from the District Court of the Eighth Judicial District, County of Del Uorte. The indictment in this case is as follows: “The People of the State of California v. William Judd, Eli Judd, and-Walker.—State of California: In the Court of Sessions of the County of Pel Norte—Special Term, A. P. 1858.— The grand jury of the county of Del Eorte, by this indictment, accuse William Judd, Eli Judd, and-Walker, the defendants, of the crime of murder, committed as follows: “The said William Judd, Eli Judd, and-Walker, on the second day of September, a. d. 1857, at the county of Del Norte, and…

1Opinion of the CourtField, J.

Terry, C. J., and Baldwin, J., concurring.

The defendants were indicted for the crime of murder, alleged to have been committed by them on the second of September, 1857, by “shooting and wounding” one Rothenheim through the body with a leaden bullet, discharged from a rifle, “ of which wound he then and there died.” To the indictment the defendants demurred, on several grounds, but relied upon two : first, that it does not state on what part of the body of the deceased the wound was inflicted; and, second, that it does not allege the wound was mortal. The Court sustained the demurrer, and the…

2Cases cited1 opinion

  1. People v. SteventonCalifornia Supreme Court · 1858

3Cited by9 opinions

  1. People v. CroninCalifornia Supreme Court · 1867
  2. People v. KingCalifornia Supreme Court · 1865
  3. Brown v. StateSupreme Court of Florida · 1881
  4. Pueblo v. BuscagliaSupreme Court of Puerto Rico · 1941
  5. Moulton, David LenCourt of Criminal Appeals of Texas · 2013

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