People v. Nugent

California Supreme Court

People v. Nugent

4 Cal. 341

CourtCalifornia Supreme Court

DecidedOctober 15, 1854

StatusPublished

Cited by13 cases

This text of 4 Cal. 341 (People v. Nugent) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Nugent, 4 Cal. 341 (Cal. 1854).

Pincite

Opinion

Mr. Justice Heydeneeldt

delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

The indictment is objected to, because it does not allege the offense to have been committed “without considerable provocation. ” Although in the statute this language does qualify the character of the offense, yet it does not enter into the gist of the charge. A bare negative qualification need never be averred, but must be relied on as matter of defense in the progress of the trial.

Judgment affirmed.

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Mr. Justice Heydeneeldt

delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

The indictment is objected to, because it does not allege the offense to have been committed “without considerable provocation. ” Although in the statute this language does qualify the character of the offense, yet it does not enter into the gist of the charge. A bare negative qualification need never be averred, but must be relied on as matter of defense in the progress of the trial.

Judgment affirmed.

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Bluebook (online)

4 Cal. 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nugent-cal-1854.

Opinion

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