California Supreme Court, 1887

People v. Hotz

California Supreme Court · Decided August 29, 1887 · McFarland, McKinstry, Paterson, Searls, Sharpstein, Temple, Thornton

73 Cal. 241; 14 P. 856; 1887 Cal. LEXIS 647

Cases that cite this one

5 later published cases cite this decision.

People v. Lepkojes (Cal. Ct. App. 1920)
Goldfield Mohawk Mining Co v. Frances-Mohawk Mining & Leasing Co. (Nev. 1910)
People v. Knutte (Cal. 1896)
People v. Flood (Cal. 1894)
People v. Lum Yit (Cal. 1890)

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

Thornton, J.

— Indictment for an assault with a deadly weapon.

This is an appeal from an order granting the defendant a new trial.

One of the grounds on which the motion for a new trial was made is, that the verdict is contrary to the evidence.

An order granting a new trial, on such ground is addressed to the sound discretion of the court, and is never disturbed by this court unless there is a manifest abuse of discretion by the trial court. We find no such abuse here.

We find no error in the refusal of. the instruction to which our attention is called.

The order is affirmed.

McFarland, J., Searls, C. J., Sharpstein, J., Temple,' J., McKinstry, J., and Paterson, J., concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.