People v. Fine
Cases that cite this one
5 later published cases cite this decision.
- People v. Avila (Cal. Ct. App. 1960)
- State v. Minousis (Utah 1924)
- State v. Shaver (Iowa 1923)
- State v. Peace (La. 1908)
- People v. Llauger (Supreme Court of Puerto Rico 1908)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The intention with which the cissault was committed was a material issue of fact to be determined by the jury; and if the assault was committed, not with the intent to commit murder, as charged in the indictment, but to do great bodily harm or some lesser’ offense included in the greater one charged in the indictment, the jury might have convicted the accused of the lesser offense. But the Court instructed the jury that if they found a verdict of guilty they must convict him of the offense charged in the indictment. This was error.
Judgment and order reversed, and cause remanded for a new trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.