Legal Opinion

Ex parte Hoge

California Supreme Court

Decided July 1, 1874PublishedCited by 40 opinions

The Municipal Criminal Court, in which the petitioner was convicted, is a Criminal Court in the City and County of San Francisco. The defendant was tried and convicted in November, 1871, and brought before Mr. Justice Wallace . in the same month, to be discharged on bail, pending an appeal to the Supreme Court. [The case was not reported, and my attention having been called to it by the Chief Justice, I give it a place here.—Repostes.]

1Opinion of the Court

By Wallace, J.:

The petitioner, lately under indictment for an assault with a deadly weapon, alleged to have been made upon one Dwyer, with intent to murder him, was, upon trial in the Municipal Criminal Court, found guilty of an assault made with a deadly weapon, with intent to do a bodily injury. The punishment provided by statute for this last offense is a *4fine or imprisonment, or both; Upon this conviction the Municipal Court adjudged him to suffer imprisonment in the State Prison for the term of eighteen months, and from this judgment he has appealed to the Supreme Court. Upon taking his…

2Cited by40 opinions

  1. Van Atta v. ScottCalifornia Supreme Court · 1980
  2. In Re PodestoCalifornia Supreme Court · 1976
  3. In Re BrumbackCalifornia Supreme Court · 1956
  4. In re SchriberIdaho Supreme Court · 1911
  5. In re AdamsCalifornia Supreme Court · 1889

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