17 Cal. 297
Decided July 1, 1861
California Supreme Court · decided 1861-07-01
Indictment for assault with intent to commit murder. The prosecution introduced evidence tending to show that while Carlton, the party injured, was standing near the porch of a hotel, defendant left a fence some twenty feet in front of the hotel and advanced towards it, cutting Carlton across the hip with a bowie knife as he, defendant, went in at the door.
Cited by 1 later decisions — most recently April 1917
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1861-07-01
View the full empirical analysis of this case →
¶1Baldwin, J. concurring.
¶2The judgment in this case must be reversed. There was some evidence tending to show that the defendant was assaulted by the party injured and several other persons, and what was said by these persons at the time of the assault, illustrative of its object, and the motive which prompted it, was a part of the res gestee, and should have been admitted in evidence.
¶3Judgment reversed and cause remanded for a new trial.