People v. Nugent
THE PEOPLE v. JOHN NUGENT
- Area
- criminal
- Panel
- Heydeneeldt (author), William J. Murray, Jr.
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydeneeldt
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.
Cited by
- People v. Ryan · 1951-01-16
- Ex Parte Hornef Crim. No. 1454. · 1908-10-09
- People v. English · 1866-07-15