People v. Price

Decided July 1, 1861

California Supreme Court · decided 1861-07-01

Indictment for murder. On the trial, the prosecution introduced two witnesses, Murray and Mrs. Favor. It was shown that defendant and Poole, the deceased,'had been living and working together on a ranch belonging to one Favor; that a week before the killing defendant had been discharged, though sleeping at night in a cabin on the ranch; that on the fourteenth of August, Mrs. Favor, the only witness to the killing, was standing in her door, and saw Poole go out.

Cited by 3 later decisions — most recently May 1899

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-07-01

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Field, C. J. delivered the opinion of the Court

¶1Baldwin, J. concurring.

¶2The defendant was convicted of the crime of murder in the first degree, and his motion for a new trial was denied. From the order of denial the appeal is taken.

¶3The evidence as set forth in the transcript fully sustains the verdict of the jury, and the affidavits disclose no facts which would have justified its disturbance by the Court. But were this otherwise, we could not look into the affidavits; they are mere loose papers, not embodied or referred to in any statement or bill of exceptions, and thus want the authentication essential to constitute any portion of the record.

¶4The judgment must be affirmed, and the Court below directed to designate a day for the execution of its sentence; and it is so ordered.