TaiLexi AI U.S. Case Law

People v. O'Neil

THE PEOPLE v. JOHN H. O'NEIL

People v. O'Neil, 20 P. 705 (Cal. 1889)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
California Supreme Court · State Highest Courts
Decided
March 14, 1889
Docket
No. 20502
Citations
20 P. 70578 Cal. 3881889 Cal. LEXIS 603
Headnotes
Criminal Law—Homicide — Verdict. —The failure of a verdict of “ guilty as charged,” under an information for murder, to specify the degree of murder, vitiates the verdict.
Summary
Appeal from a judgment of the Superior Court of Contra Costa County, and from an order refusing a new trial. The facts are stated in the opinion of the court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The Court.

Appellant was tried upon an information which alleged that he feloniously, unlawfully, and with malice aforethought, killed and murdered one Philip Stump. The jury returned a verdict in these words: “We, the jury, decide the defendant, John H. O’Neil, guilty as charged, the penalty to be imprisonment for life.” The code provides that “ whenever a crime is distinguished into degrees, the jury, if they convict the defendant, must find the degree of the crime of which he is guilty.” It has been uniformly held that a failure *389 to specify the degree of murder under that section vitiates the verdict. (People v. Campbell, 40 Cal. 129 .)

The attorney-general confesses error.

Judgment and order reversed, and cause remanded, for a new trial.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1892: 11893: 11903: 11904: 21909: 11910: 11926: 11943: 11951: 118922026peak 1904 · 2

Relies on it most ⓘ

  1. People v. Rivera7 P.R. 325 (1904)
  2. People v. Sachau248 P. 960 (Cal. Ct. App. 1926)
  3. Mayberry v. State1951 OK CR 116, 238 P.2d 362
  4. State v. Noah124 N.W. 1121 (N.D. 1910)
  5. State v. Loveless136 P.2d 236 (Nev. 1943)
  6. McLane v. Territory71 P. 938 (Ariz. 1903)

Most recent

  1. Mayberry v. State1951 OK CR 116, 238 P.2d 362
  2. State v. Loveless136 P.2d 236 (Nev. 1943)
  3. People v. Sachau248 P. 960 (Cal. Ct. App. 1926)
  4. State v. Noah124 N.W. 1121 (N.D. 1910)
  5. People v. Colón15 P.R. 663 (1909)
  6. People v. Rivera7 P.R. 325 (1904)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
People v. Campbell, 40 Cal. 129 (1870) 41

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list