People v. Vance
California Supreme Court
Appeal from the Eleventh Judicial District. The indictment in this case accuses the defendant of the crime of “ murder in the first degree.” It does not in terms aver that the killing was “ with malice aforethought,” but charges that at a certain time and place the defendant did “ willfully, maliciously, feloniously, and premeditatedly kill and murder ” the deceased by shooting him with a pistol, giving with sufficient particularity the circumstances of the killing.
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Appeal from the Eleventh Judicial District. The indictment in this case accuses the defendant of the crime of “ murder in the first degree.” It does not in terms aver that the killing was “ with malice aforethought,” but charges that at a certain time and place the defendant did “ willfully, maliciously, feloniously, and premeditatedly kill and murder ” the deceased by shooting him with a pistol, giving with sufficient particularity the circumstances of the killing. To this indictment the defendant demurred. The Court overruled the demurrer, and defendant excepted. Eor the term 'at which the…
1Opinion of the CourtField, C. J.
Cope, J. concurring.
The indictment in this case is for the crime of murder. Two objections are urged to its sufficiency: first, that it designates the crime as murder in the first degree; and second, that it does not charge the commission of the offense with “ malice aforethought.” The first objection is answered by the case of People v. Dolan (9 Cal. 576). The second objection is met by the fact that words *403equivalent in their import to “ malice aforethought ” are used. The indictment alleges that the defendant committed the offense “willfully, maliciously, feloniously, and premeditatedly.”…
2Cases cited2 opinions
- People v. DolanCalifornia Supreme Court · 1858
- Vermule v. ShawCalifornia Supreme Court · 1854
3Cited by14 opinions
- People v. DurrantCalifornia Supreme Court · 1897
- State v. CurtisSupreme Court of Missouri · 1879
- State v. LoweSupreme Court of Missouri · 1887
- Pueblo v. Reyes LaraSupreme Court of Puerto Rico · 1972
- Territory v. StoneSupreme Court Of The Territory Of Dakota · 1879
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