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Full-Text Articles in Law

People V. Wein [Dissent], Jesse W. Carter May 1958

People V. Wein [Dissent], Jesse W. Carter

Jesse Carter Opinions

The death penalty for the crime of kidnapping to commit robbery if the victim suffers bodily harm applied where the removal was between the rooms in a dwelling. It was the fact, not the distance, of forcible removal that constituted kidnapping.


People V. Lyons [Dissent], Jesse W. Carter Apr 1958

People V. Lyons [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's conviction of receiving stolen property was proper because evidence was sufficient to corroborate the testimony of accomplice witnesses where defendant was in possession of stolen property and gave evasive answers as to ownership.


People V. Tahtinen [Dissent], Jesse W. Carter Mar 1958

People V. Tahtinen [Dissent], Jesse W. Carter

Jesse Carter Opinions

In a drug possession case, the court held that the police had reasonable cause to search defendant because three suspects informed the police that defendant was the one who sold them their drugs.


People V. Riser [Dissent], Jesse W. Carter Dec 1956

People V. Riser [Dissent], Jesse W. Carter

Jesse Carter Opinions

In a capital murder prosecution, a trial court's grant of the prosecution's challenge to a juror, who stated that in no event would he vote for the death penalty, was not error.


In Re Scaggs [Dissent], Jesse W. Carter Nov 1956

In Re Scaggs [Dissent], Jesse W. Carter

Jesse Carter Opinions

Prisoner convicted of a felony and sentenced to imprisonment was not entitled to be admitted to bail as a matter of right but was compelled to address himself to the discretion of the court; there was no abuse of discretion in refusing bail.


People V. Crooker [Dissent], Jesse W. Carter Nov 1956

People V. Crooker [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's conviction for first-degree murder was proper where defendant failed to show that he did not receive fair trial as conflicting testimony about voluntariness of confession and denial of attorney during questioning supported jury verdict.


Caritativo V. Teets [Dissent], Jesse W. Carter Nov 1956

Caritativo V. Teets [Dissent], Jesse W. Carter

Jesse Carter Opinions

Writ of mandate would not issue to compel warden to institute proceedings to determine present sanity of defendant awaiting execution of death penalty after warden determined that there was not good reason to believe defendant was presently insane.


People V. Cole [Dissent], Jesse W. Carter Oct 1956

People V. Cole [Dissent], Jesse W. Carter

Jesse Carter Opinions

Medical opinion as to whether the victim's wound could have been self-inflicted was admissible and sufficient evidence supported the verdict finding defendant guilty of first-degree murder.


People V. Head, Jesse W. Carter Aug 1956

People V. Head, Jesse W. Carter

Jesse Carter Opinions

Motion to dismiss an appeal was denied where defendant made a constructive filing of a notice of appeal within the prescribed time limit and satisfied the jurisdictional requirement as contemplated by law.


People V. Watson [Dissent], Jesse W. Carter Jul 1956

People V. Watson [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant was properly convicted of second degree murder as the jury was correctly instructed on the doctrine of reasonable doubt and an error in admitting collateral and irrelevant evidence did not result in the miscarriage of justice.


People V. Merkouris, Jesse W. Carter May 1956

People V. Merkouris, Jesse W. Carter

Jesse Carter Opinions

Defendant was due a new trial for his ex-wife's murder because trial court erred by permitting him to withdraw not guilty by reason of insanity plea over counsel's implied objection and because instructions to jury on lying in wait were improper.


People V. Nunn [Dissent], Jesse W. Carter May 1956

People V. Nunn [Dissent], Jesse W. Carter

Jesse Carter Opinions

An osteopath's conviction for selling prescriptions for narcotics was proper because the regulatory code's use of the phrase "good faith" was not vague, and the prosecution's attempt to obtain narcotics from the osteopath was not entrapment.


People V. Rios [Dissent], Jesse W. Carter Feb 1956

People V. Rios [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's arrest for the possession of heroin was lawful where the officer had reasonable cause to believe that defendant had committed a felony after defendant admitted that he had taken an injection of heroin two weeks before.


Willson V. Superior Court Of San Diego County [Dissent], Jesse W. Carter Feb 1956

Willson V. Superior Court Of San Diego County [Dissent], Jesse W. Carter

Jesse Carter Opinions

Although defendant's conduct observed by an officer did not of itself constitute reasonable cause to believe she was committing a felony, it was sufficient to justify the officer's reliance on information regarding defendant's bookmaking.


Hill V. Superior Court Of Humboldt County [Dissent], Jesse W. Carter Feb 1956

Hill V. Superior Court Of Humboldt County [Dissent], Jesse W. Carter

Jesse Carter Opinions

Court-appointed attorneys who defended an indigent client charged with murder were not entitled to a writ compelling compensation of more than $ 1,000, where the payment was comparable to other jurisdictions and to that received by public employees.


People V. Blodgett [Dissent], Jesse W. Carter Feb 1956

People V. Blodgett [Dissent], Jesse W. Carter

Jesse Carter Opinions

Although a prosecutor had improperly focused the jury on defendant's alleged prior heroin use, defendant's marijuana possession conviction was not reversed when the prosecutorial misconduct did not result in a miscarriage of justice.


People V. Malotte [Dissent], Jesse W. Carter Jan 1956

People V. Malotte [Dissent], Jesse W. Carter

Jesse Carter Opinions

Where defendant discussed with police officers in a secretly taped conversation the commission of a crime, namely, provision of prostitutes, there was no unreasonable invasion of privacy when the conversation was used against her.


Rogers V. Superior Court Of Alameda County [Dissent], Jesse W. Carter Dec 1955

Rogers V. Superior Court Of Alameda County [Dissent], Jesse W. Carter

Jesse Carter Opinions

Alternative writ of prohibition was discharged and a peremptory writ denied because there was no evidence that illegal detention of defendant produced the admissions where he proceeded in prohibition to restrain a court from further proceedings.


People V. Tarantino [Dissent], Jesse W. Carter Nov 1955

People V. Tarantino [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant's convictions for two counts of extortion and for conspiracy to commit extortion were not proper. Recordings constituted a substantial and important part of the evidence and were illegally obtained.


People V. Thomas, Jesse W. Carter Oct 1955

People V. Thomas, Jesse W. Carter

Jesse Carter Opinions

Defendant's motion to vacate a judgment of conviction and withdraw a guilty plea was properly denied where defendant's counsel was fully advised of all circumstances bearing upon the degree of the crime and punishment to be imposed.


People V. Penny, Jesse W. Carter Jul 1955

People V. Penny, Jesse W. Carter

Jesse Carter Opinions

A conviction for involuntary manslaughter was reversed because the jury was erroneously instructed on a civil standard of negligence rather than criminal negligence and the lack of due caution and circumspection.


Miller V. Glass [Dissent], Jesse W. Carter Apr 1955

Miller V. Glass [Dissent], Jesse W. Carter

Jesse Carter Opinions

Because the complaint was based upon false arrest and imprisonment for a misdemeanor not committed within the presence of an officer, it was only required to allege the unlawful arrest was without process, the imprisonment, and the damage.


People V. Cavanaugh [Dissent], Jesse W. Carter Apr 1955

People V. Cavanaugh [Dissent], Jesse W. Carter

Jesse Carter Opinions

There was no error that was ground for reversal in a defendant's conviction for first-degree murder despite the prosecution's admission of other crimes allegedly admitted by the defendant and inflammatory photographs.


Bompensiero V. Superior Court Of San Diego County [Dissent], Jesse W. Carter Mar 1955

Bompensiero V. Superior Court Of San Diego County [Dissent], Jesse W. Carter

Jesse Carter Opinions

Defendant was properly indicted for participating in acceptance of bribes by a public official when granting a liquor license, the superior court acted properly so the judge was not disqualified, and the statute of limitations did not bar charges.


In Re Chessman [Dissent], Jesse W. Carter Feb 1955

In Re Chessman [Dissent], Jesse W. Carter

Jesse Carter Opinions

Because an inmate had the right to seek an order of habeas corpus that fell short of outright release from confinement, the state could appeal the order of habeas corpus relief even though the inmate had not been discharged from prison.


People V. White, Jesse W. Carter Jan 1955

People V. White, Jesse W. Carter

Jesse Carter Opinions

Defendant was denied trial by a jury drawn from a fair cross-section of the community because the practice of selecting jurors primarily from community service organizations excluded working class people from the venire, but the error was harmless.


People V. Simpson, Jesse W. Carter Oct 1954

People V. Simpson, Jesse W. Carter

Jesse Carter Opinions

An accomplice's testimony did not have to be corroborated as to every fact to which he testified when there was other corroborative evidence showing that the accomplice was telling the truth.


People V. Moore, Jesse W. Carter Oct 1954

People V. Moore, Jesse W. Carter

Jesse Carter Opinions

The trial court's error in refusing to give instructions as to the defendant's use of self-defense was prejudicial, resulted in a miscarriage of justice, and required a reversal of the judgment and the order denying defendant a new trial.


In Re Chessman, Jesse W. Carter Oct 1954

In Re Chessman, Jesse W. Carter

Jesse Carter Opinions

A justice of the Supreme Court of California could grant a defendant's application for a stay of execution based on jurisdiction granted by a federal statute that allowed a court to grant a stay so a defendant could file a writ of certiorari.


People V. Carmen [Dissent], Jesse W. Carter Aug 1954

People V. Carmen [Dissent], Jesse W. Carter

Jesse Carter Opinions

Evidence of another crime, part of the same criminal act for which defendant was on trial, was admissible at defendant's trial.