¶1I concur in the .judgment. The second subdivision of section 1033 of the Penal Code is clearly unconstitutional. There was also error in the giving of the instruction referred to in the opinion of Mr. Justice Works. Upon the other points therein discussed, I express no opinion.
87 Cal. 348
People v. Powell
Decided January 4, 1891
California Supreme Court · decided 1891-01-04
<p>Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial.</p> <p>The facts are stated in the opinion of the court.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1891-01-04
How this case has been cited
Cited by 66 later decisions — most recently April 2017 · most notably 1 Cal. 4th 324 - People v. Price (1991), 25 Cal. 4th 1046 - Shawn Garfield Price v. Superior Court (2001)
1 district · 63 state decisions — followed in 18 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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