People v. Mooney
California Supreme Court
APPEAL from a judgment of the Superior Court of Merced County and from an order denying a new trial. E. W. Risley, Judge.
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APPEAL from a judgment of the Superior Court of Merced County and from an order denying a new trial. E. W. Risley, Judge. The instructions referred to in the opinion as requested by the defendant and refused by the court were as follows: “ If you find from the evidence in this case (to a moral certainty and beyond a reasonable doubt) that the defendant set the fire charged in the information, but you find that his intention in setting the fire was to defraud an insurance company that had insured the building or the contents of the building, then you should acquit the defendant, unless you…
1Opinion of the CourtGaroutte,j.
—Defendant has been convicted of the crime of arson, and prosecutes this appeal from the judgment, order denying his motion for a new trial, and order refusing an arrest of judgment. The case has been before the court upon a previous occasion. (People v. Mooney, 127 Cal. 339.) At that time this court declared the information fatally defective, and reversed the judgment and orders appealed from, and remanded the cause for further proceedings. Upon a return of the remittitur to the trial court, the district attorney made a motion in furtherance of justice, that the court dismiss the…
2Cases cited4 opinions
- Healy v. Visalia & Tulare R.R.California Supreme Court · 1894
- People v. CrandallCalifornia Supreme Court · 1899
- People v. SchmidtCalifornia Supreme Court · 1883
- People v. MooneyCalifornia Supreme Court · 1899
3Cited by13 opinions
- People v. DisperatiCalifornia Court of Appeal · 1909
- Shields v. StateCourt of Criminal Appeals of Oklahoma · 1925
- People v. RossCalifornia Court of Appeal · 1922
- People v. Lim FoonCalifornia Court of Appeal · 1915
- People v. StraussCalifornia Court of Appeal · 1925
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