People v. Bennett
California Supreme Court
APPEAL from Superior Court, Alameda County; F. B. Ogden, Judge. C. R. Bennett was convicted of assault with intent to mur7 der, and appeals from the judgment.
1ConcurrenceBeatty, C. J.
I concur in the judgment solely because it has passed out of the power of the court to decide the case upon its merits. In doing so, I desire to subjoin an opinion which I prepared at the time a rehearing of the former appeal was denied, setting forth my reasons' for dissenting from that order.
BEATTY, C. J.
Having dissented from the order denying a rehearing of this cause by the court in bank, and being profoundly convinced that the decision given is not only erroneous, but mischievous in its consequences, I deem the matter of sufficient importance to justify a statement of the grounds of my…
2Cases cited31 opinions
- Brennan v. PeopleIllinois Supreme Court · 1854
- Jones v. StateTexas Supreme Court · 1854
- State v. RossSupreme Court of Missouri · 1859
- People v. Lee Yune ChongCalifornia Supreme Court · 1892
- People v. GilmoreCalifornia Supreme Court · 1854
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