People v. Nugent
4 Cal. 341
Opinion
delivered the opinion of the Court.
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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People v. Nugent, 4 Cal. 341 (Cal. 1854).
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