People v. Steventon

Citations

• 9 Cal. 273

Syllabus

<p>An indictment for murder which charges, at a time and place mentioned, defendant feloniously assaulted, cut and stabbed the deceased, and inflicted on him one mortal wound, of which mortal wound he on the same day died, is sufficient. A description of the weapon used is not material. An objection that the indictment does not state the length and depth of the wound, nor in what part of the body it was inflicted, goes to the form rather than the substance of the indictment.</p> <p>The facts necessary to constitute the crime of murder are, that a wound was inflicted with a felonious intent, that the wound was mortal, and that death ensued from the effects of the wound within a year and a day.</p>