Collins

People v. Collins

Good Law
105 Cal. 504·1895 Cal. LEXIS 684·39 P. 16
Supreme Court of CaliforniaJanuary 5, 1895No. 21129California2,183 words

Opinion

lead Opinion

Appellant was convicted of murder in the first degree. His motions for a new trial and in *508 arrest of judgment, respectively, were denied, and he was duly sentenced to be hanged. He now appeals from the said judgment and the orders denying said motions.

The first question presented goes to the sufficiency of the information. The information charges the defendant with a felony, “to wit: Murder, committed as follows: The said Patrick J. Collins, on the ninth day of October, A. d. 1893, at the said city and county of San Francisco, state of California, did then and there willfully," etc., kill and murder one Sarah Collins.

It is argued on behalf of appellant that this information does not show that the offense was committed within the jurisdiction of the superior court of said city and county, because that court has not jurisdiction over all the territory embraced therein, but that the federal courts have exclusive jurisdiction of portions thereof, and that therefore the general allegation that the offense was committed “ at the city and county of San Francisco” is not sufficient.

This objection concedes the jurisdiction of the superior court over all places within the limits…

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