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People v. Nugent

Supreme Court of California
Oct 1, 1854
4 Cal. 341 (Cal. 1854)

Opinion

         Appeal from the Court of Sessions of San Francisco County.

         The defendant was convicted of an " assault with a deadly weapon, with intent to inflict a bodily injury," and he appealed.

         COUNSEL

          G. B. Tingley, for Appellant.

          H. H. Byrne, for Respondent.


         JUDGES: Mr. Justice Heydenfeldt delivered the opinion of the Court. Mr. Ch. J. Murray concurred.

         OPINION

          HEYDENFELDT, Judge

         The indictment is objected to, because it does not allege the offense to have been committed " without considerable provocation." Although in the statute this language does qualify the character of the offense, yet it does not enter into the gist of the charge. A bare negative qualification need never be averred, but must be relied on as matter of defense in the progress of the trial.

         Judgment affirmed.


Summaries of

People v. Nugent

Supreme Court of California
Oct 1, 1854
4 Cal. 341 (Cal. 1854)
Case details for

People v. Nugent

Case Details

Full title:THE PEOPLE, Respondent, v. JOHN NUGENT, Appellant

Court:Supreme Court of California

Date published: Oct 1, 1854

Citations

4 Cal. 341 (Cal. 1854)

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