People v. Apple

Decided July 1, 1857

California Supreme Court · decided 1857-07-01

The defendant was indicted, and convicted, in the Court below, of an assault, with the intent to murd,er, one H. Levy, at Wisconsin Hill, in Placer County, by placing, in the night-time, under Levy’s bed-room, a keg containing twenty-five pounds of gunpowder, to which was attached a piece of safety-fuse, ignited at one end, and communicating with the powder. The defendant plead not guilty.

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Decided 1857-07-01

How this case has been cited

Cited by 4 later decisions — most recently November 1917

2 state decisions

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Murray, C. J.,

¶1delivered the opinion of the Court—Burnett, J., concurring.

¶2The appellant was convicted of an assault with the intent to commit murder. A motion for a new trial, and also in arrest of judgment, was made.

¶3The errors assigned are, first, the admission of improper testimony; second, error in the instructions of the Court; third, insufficiency of the indictment; and fourth, that the verdict is not warranted by the evidence.

¶4None of these assignments can be sustained. A general objection was interposed to the admission of the evidence complained of; this has been repeatedly held to be insufficient. The instructions are clear, forcible, and correct. The insufficiency of the indictment should have been taken advantage of by demurrer, and the evidence was sufficient to warrant the verdict.

¶5Judgment affirmed.