Reports of Cases Determined in the Supreme Court of the State of California, Volume 40Bancroft-Whitney, 1906 |
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Halaman 129
... JURY.- In a trial for murder if the jury find the defendant guilty , they must expressly state the degree of murder in their verdict . IDEM . - Notwithstanding the crime charged in the indictment may be murder in the first degree , a ...
... JURY.- In a trial for murder if the jury find the defendant guilty , they must expressly state the degree of murder in their verdict . IDEM . - Notwithstanding the crime charged in the indictment may be murder in the first degree , a ...
Halaman 131
... jury . The Trial Jury did not specify in the verdict the degree of murder of which they find defendant guilty . The 21st Section of the Statute of Crimes and Punishments especially provides that " the jury before whom any person ...
... jury . The Trial Jury did not specify in the verdict the degree of murder of which they find defendant guilty . The 21st Section of the Statute of Crimes and Punishments especially provides that " the jury before whom any person ...
Halaman 132
... Jury , in this case , did not by their verdict designate , in so many words , the degree of murder of which they found defendant guilty . The remaining point , and that which disposes of this whole question as to the validity of the ...
... Jury , in this case , did not by their verdict designate , in so many words , the degree of murder of which they found defendant guilty . The remaining point , and that which disposes of this whole question as to the validity of the ...
Halaman 133
... Jury supposed were charged in the indictment ? Will this Court interpret this indictment and say what degree or degrees of murder are here charged , and then decide that their inter- pretation is necessarily the same as that given by ...
... Jury supposed were charged in the indictment ? Will this Court interpret this indictment and say what degree or degrees of murder are here charged , and then decide that their inter- pretation is necessarily the same as that given by ...
Halaman 134
... Jury attempts to designate the degree in an indictment for murder , such designation should be stricken out as surplusage , " should be strictly upheld , whether designated in terms or by implication . But we claim that , even if we ...
... Jury attempts to designate the degree in an indictment for murder , such designation should be stricken out as surplusage , " should be strictly upheld , whether designated in terms or by implication . But we claim that , even if we ...
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acquired admitted adverse possession alleged answer Argument for Appellant Argument for Respondent assessment authority averment Barb Board Brenham California Catherine Hayes cause of action citizens City and County claim Colus complaint concurring Congress Constitution contract convey conveyance corporation counsel County of San Court of equity CROCKETT damages debt decree deed defendant defendant's delivered the opinion demand demurrer District Court entitled equity evidence execution facts filed foreclosure grant ground held IDEM indictment injury intention Jimeno judgment jurisdiction jury legal title lien ment Mexican misjoinder mortgage motion negligence notice owner paid party patent payment person plaintiff pleadings possession Practice Act premises proceedings purchase question quiet title rendered RHODES rule San Francisco Section Sheriff Sheriff's deed SPRAGUE statement Statute of Limitations TEMPLE tide lands tion tract trial Trustees United valid verdict void WALLACE writ Yuba County
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Halaman 312 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision. But when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract before it can become...
Halaman 106 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Halaman 314 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted, as soon as possible, according to the principles of the federal constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States ; and, in the mean time, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
Halaman 326 - The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States...
Halaman 323 - Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please , without their being subjected on this account to any contribution, tax, or charge whatever. Those who shall prefer to remain in the said territories may...
Halaman 289 - This is plainly a contract to which the donors, the trustees, and the crown, (to whose rights and obligations New Hampshire succeeds,) were the original parties. It is a contract made on a valuable consideration. It is a contract for the security and disposition of property. It is a contract on the faith of which real and personal estate has been conveyed to the corporation. It is, then, a contract within the letter of the constitution, and within its spirit also...
Halaman 511 - Taxation shall be equal and uniform throughout the State. All property in this State shall be taxed in proportion to its value, to be ascertained as directed by law...
Halaman 120 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Halaman 45 - An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights...
Halaman 312 - Our Constitution declares a treaty to be the law of the land. It is, consequently to be regarded in the courts of justice, as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision.