People v. Nugent (1854) · DecisionDepot

People v. Nugent

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Oct 15, 1854Published

Before: Heydeneeldt, Murray

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Holding. An indictment need not allege that an offense was committed "without considerable provocation" because such language is a negative qualification that constitutes a matter of defense rather than an element of the offense.

Issues

Whether an indictment must allege that an offense was committed without considerable provocation to be legally sufficient.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“A bare negative qualification need never be averred, but must be relied on as matter of defense in the progress of the trial.”

Synopsis

Appeal from the Court of Sessions of San Francisco County.

The defendant was convicted of an “assault with a deadly weapon, with intent to inflict a bodily injury,” and he appealed.

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.

People v. Nugent

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