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6 California opinions name it 2 courts 1940–1962 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Glascockgreen2 sentences1962(People v. Cohen, 107 Cal.App.2d (hearing denied by the Supreme Court) 334, 343 [10] [ 237 P.2d 301 ].)” (People v. Glascock, 124 Cal.App.2d 169, 171 [ 268 P.2d 137 ].) In the instant case the evidence establishes all of the elements necessary to meet the requirements of the foregoing rule. 1962(People v. Cohen, 107 Cal.App.2d (hearing denied by the Supreme Court) 334, 343 [10] [ 237 P.2d 301 ].)” (People v. Glascock, 124 Cal.App.2d 169, 171 [ 268 P.2d 137 ].) In the instant case the evidence establishes all of the elements necessary to meet the requirements of the foregoing rule. | 1 | 1 |
Sturr v. State Bargreen2 sentences1961(Sturr v. State Bar, 52 Cal.2d 125, 127 [2] [ 338 P.2d 897 ].) In the present case, not only has petitioner failed to meet the requirements of the foregoing rule, but the record discloses that the findings of the board are fully sustained by the evidence. 1961(Sturr v. State Bar, 52 Cal.2d 125, 127 [2] [ 338 P.2d 897 ].) In the present case, not only has petitioner failed to meet the requirements of the foregoing rule, but the record discloses that the findings of the board are fully sustained by the evidence. | 1 | 1 |
People v. MacDonaldgreen2 sentences1958“In order to establish an attempt, it must appear that the defendant had a specific intent to commit a crime and did a direct, unequivocal act toward that end; preparation alone is not enough, and some appreciable fragment of the crime must have been accomplished.” (People v. Gallardo, 41 Cal.2d 57, 66 [ 257 P.2d 29 ]; People v. Buffum, 40 Cal.2d 709, 716 [ 256 P.2d 317 ]; People v. Werner, 16 Cal.2d 216, 221 [ 105 P.2d 927 ]; People v. Miller, 2 Cal.2d 527, 530 [ 42 P.2d 308 ]; People v. Murray, 14 Cal. 159,160 ; People v. MacDonald, 24 Cal.App.2d 702, 710 [ 76 P.2d 121 ]; People v. Lyles, 15 1958“In order to establish an attempt, it must appear that the defendant had a specific intent to commit a crime and did a direct, unequivocal act toward that end; preparation alone is not enough, and some appreciable fragment of the crime must have been accomplished.” (People v. Gallardo, 41 Cal.2d 57, 66 [ 257 P.2d 29 ]; People v. Buffum, 40 Cal.2d 709, 716 [ 256 P.2d 317 ]; People v. Werner, 16 Cal.2d 216, 221 [ 105 P.2d 927 ]; People v. Miller, 2 Cal.2d 527, 530 [ 42 P.2d 308 ]; People v. Murray, 14 Cal. 159,160 ; People v. MacDonald, 24 Cal.App.2d 702, 710 [ 76 P.2d 121 ]; People v. Lyles, 15 | 1 | 1 |
People v. Buffumgreen2 sentences1958“In order to establish an attempt, it must appear that the defendant had a specific intent to commit a crime and did a direct, unequivocal act toward that end; preparation alone is not enough, and some appreciable fragment of the crime must have been accomplished.” (People v. Gallardo, 41 Cal.2d 57, 66 [ 257 P.2d 29 ]; People v. Buffum, 40 Cal.2d 709, 716 [ 256 P.2d 317 ]; People v. Werner, 16 Cal.2d 216, 221 [ 105 P.2d 927 ]; People v. Miller, 2 Cal.2d 527, 530 [ 42 P.2d 308 ]; People v. Murray, 14 Cal. 159,160 ; People v. MacDonald, 24 Cal.App.2d 702, 710 [ 76 P.2d 121 ]; People v. Lyles, 15 1958“In order to establish an attempt, it must appear that the defendant had a specific intent to commit a crime and did a direct, unequivocal act toward that end; preparation alone is not enough, and some appreciable fragment of the crime must have been accomplished.” (People v. Gallardo, 41 Cal.2d 57, 66 [ 257 P.2d 29 ]; People v. Buffum, 40 Cal.2d 709, 716 [ 256 P.2d 317 ]; People v. Werner, 16 Cal.2d 216, 221 [ 105 P.2d 927 ]; People v. Miller, 2 Cal.2d 527, 530 [ 42 P.2d 308 ]; People v. Murray, 14 Cal. 159,160 ; People v. MacDonald, 24 Cal.App.2d 702, 710 [ 76 P.2d 121 ]; People v. Lyles, 15 | 1 | 1 |
People v. Gallardogreen2 sentences1958“In order to establish an attempt, it must appear that the defendant had a specific intent to commit a crime and did a direct, unequivocal act toward that end; preparation alone is not enough, and some appreciable fragment of the crime must have been accomplished.” (People v. Gallardo, 41 Cal.2d 57, 66 [ 257 P.2d 29 ]; People v. Buffum, 40 Cal.2d 709, 716 [ 256 P.2d 317 ]; People v. Werner, 16 Cal.2d 216, 221 [ 105 P.2d 927 ]; People v. Miller, 2 Cal.2d 527, 530 [ 42 P.2d 308 ]; People v. Murray, 14 Cal. 159,160 ; People v. MacDonald, 24 Cal.App.2d 702, 710 [ 76 P.2d 121 ]; People v. Lyles, 15 1958“In order to establish an attempt, it must appear that the defendant had a specific intent to commit a crime and did a direct, unequivocal act toward that end; preparation alone is not enough, and some appreciable fragment of the crime must have been accomplished.” (People v. Gallardo, 41 Cal.2d 57, 66 [ 257 P.2d 29 ]; People v. Buffum, 40 Cal.2d 709, 716 [ 256 P.2d 317 ]; People v. Werner, 16 Cal.2d 216, 221 [ 105 P.2d 927 ]; People v. Miller, 2 Cal.2d 527, 530 [ 42 P.2d 308 ]; People v. Murray, 14 Cal. 159,160 ; People v. MacDonald, 24 Cal.App.2d 702, 710 [ 76 P.2d 121 ]; People v. Lyles, 15 | 1 | 1 |
People v. Millergreen2 sentences1958“In order to establish an attempt, it must appear that the defendant had a specific intent to commit a crime and did a direct, unequivocal act toward that end; preparation alone is not enough, and some appreciable fragment of the crime must have been accomplished.” (People v. Gallardo, 41 Cal.2d 57, 66 [ 257 P.2d 29 ]; People v. Buffum, 40 Cal.2d 709, 716 [ 256 P.2d 317 ]; People v. Werner, 16 Cal.2d 216, 221 [ 105 P.2d 927 ]; People v. Miller, 2 Cal.2d 527, 530 [ 42 P.2d 308 ]; People v. Murray, 14 Cal. 159,160 ; People v. MacDonald, 24 Cal.App.2d 702, 710 [ 76 P.2d 121 ]; People v. Lyles, 15 1958“In order to establish an attempt, it must appear that the defendant had a specific intent to commit a crime and did a direct, unequivocal act toward that end; preparation alone is not enough, and some appreciable fragment of the crime must have been accomplished.” (People v. Gallardo, 41 Cal.2d 57, 66 [ 257 P.2d 29 ]; People v. Buffum, 40 Cal.2d 709, 716 [ 256 P.2d 317 ]; People v. Werner, 16 Cal.2d 216, 221 [ 105 P.2d 927 ]; People v. Miller, 2 Cal.2d 527, 530 [ 42 P.2d 308 ]; People v. Murray, 14 Cal. 159,160 ; People v. MacDonald, 24 Cal.App.2d 702, 710 [ 76 P.2d 121 ]; People v. Lyles, 15 | 1 | 1 |
People v. Wernergreen2 sentences1958“In order to establish an attempt, it must appear that the defendant had a specific intent to commit a crime and did a direct, unequivocal act toward that end; preparation alone is not enough, and some appreciable fragment of the crime must have been accomplished.” (People v. Gallardo, 41 Cal.2d 57, 66 [ 257 P.2d 29 ]; People v. Buffum, 40 Cal.2d 709, 716 [ 256 P.2d 317 ]; People v. Werner, 16 Cal.2d 216, 221 [ 105 P.2d 927 ]; People v. Miller, 2 Cal.2d 527, 530 [ 42 P.2d 308 ]; People v. Murray, 14 Cal. 159,160 ; People v. MacDonald, 24 Cal.App.2d 702, 710 [ 76 P.2d 121 ]; People v. Lyles, 15 1958“In order to establish an attempt, it must appear that the defendant had a specific intent to commit a crime and did a direct, unequivocal act toward that end; preparation alone is not enough, and some appreciable fragment of the crime must have been accomplished.” (People v. Gallardo, 41 Cal.2d 57, 66 [ 257 P.2d 29 ]; People v. Buffum, 40 Cal.2d 709, 716 [ 256 P.2d 317 ]; People v. Werner, 16 Cal.2d 216, 221 [ 105 P.2d 927 ]; People v. Miller, 2 Cal.2d 527, 530 [ 42 P.2d 308 ]; People v. Murray, 14 Cal. 159,160 ; People v. MacDonald, 24 Cal.App.2d 702, 710 [ 76 P.2d 121 ]; People v. Lyles, 15 | 1 | 1 |
Reilly v. Richardsongreen2 sentences1943Since for the purposes of section 338, subdivision 4, of the Code of Civil Procedure, “fraud” and “mistake” are in the same category, see also Reilly v. Richardson, 18 Cal.App.2d 352, 353 [ 63 P.2d 1180 ], and cases therein cited). (2) To meet the requirements of the foregoing rule, it is not enough for plaintiff to allege that he did not discover the mistake prior to a designated date. 1943Since for the purposes of section 338, subdivision 4, of the Code of Civil Procedure, “fraud” and “mistake” are in the same category, see also Reilly v. Richardson, 18 Cal.App.2d 352, 353 [ 63 P.2d 1180 ], and cases therein cited). (2) To meet the requirements of the foregoing rule, it is not enough for plaintiff to allege that he did not discover the mistake prior to a designated date. | 1 | 1 |
Montgomery v. Petersongreen2 sentences1943(Bradbury v. Higginson, 167 Cal. 553, 558 [ 140 P. 254 ]; Montgomery v. Peterson, 27 Cal.App. 671, 675 [ 151 P. 23 ].) In the present case the only allegation in the complaint, touching upon plaintiff’s failure to sooner discover the alleged mistake, is as follows: “. . . that the plaintiff had no knowledge or notice of said mistake or that the said mistake had been made or that any defendant claimed any title or interest in the said premises until on or about the 14th day of May, 1940. ...” The evidence introduced by plaintiff, prior to the granting of the motion for a nonsuit, failed to disc 1943(Bradbury v. Higginson, 167 Cal. 553, 558 [ 140 P. 254 ]; Montgomery v. Peterson, 27 Cal.App. 671, 675 [ 151 P. 23 ].) In the present case the only allegation in the complaint, touching upon plaintiff’s failure to sooner discover the alleged mistake, is as follows: “. . . that the plaintiff had no knowledge or notice of said mistake or that the said mistake had been made or that any defendant claimed any title or interest in the said premises until on or about the 14th day of May, 1940. ...” The evidence introduced by plaintiff, prior to the granting of the motion for a nonsuit, failed to disc | 1 | 1 |
Bradbury v. Higginsongreen2 sentences1943(Bradbury v. Higginson, 167 Cal. 553, 558 [ 140 P. 254 ]; Montgomery v. Peterson, 27 Cal.App. 671, 675 [ 151 P. 23 ].) In the present case the only allegation in the complaint, touching upon plaintiff’s failure to sooner discover the alleged mistake, is as follows: “. . . that the plaintiff had no knowledge or notice of said mistake or that the said mistake had been made or that any defendant claimed any title or interest in the said premises until on or about the 14th day of May, 1940. ...” The evidence introduced by plaintiff, prior to the granting of the motion for a nonsuit, failed to disc 1943(Bradbury v. Higginson, 167 Cal. 553, 558 [ 140 P. 254 ]; Montgomery v. Peterson, 27 Cal.App. 671, 675 [ 151 P. 23 ].) In the present case the only allegation in the complaint, touching upon plaintiff’s failure to sooner discover the alleged mistake, is as follows: “. . . that the plaintiff had no knowledge or notice of said mistake or that the said mistake had been made or that any defendant claimed any title or interest in the said premises until on or about the 14th day of May, 1940. ...” The evidence introduced by plaintiff, prior to the granting of the motion for a nonsuit, failed to disc | 1 | 1 |
Chichester v. Bank of America National Trust & Savings Ass'ngreen2 sentences1942(Chichester v. Bank of America, 51 Cal.App.2d 146, 148 [ 124 P.2d 99 ]). 1942(Chichester v. Bank of America, 51 Cal.App.2d 146, 148 [ 124 P.2d 99 ]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Cohen
green
1 sentence1962(People v. Cohen, 107 Cal.App.2d (hearing denied by the Supreme Court) 334, 343 [10] [ 237 P.2d 301 ].)” (People v. Glascock, 124 Cal.App.2d 169, 171 [ 268 P.2d 137 ].) In the instant case the evidence establishes all of the elements necessary to meet the requirements of the foregoing rule. | 1 | 1962–1962 |
People v. Lyles
green
2 sentences1958“In order to establish an attempt, it must appear that the defendant had a specific intent to commit a crime and did a direct, unequivocal act toward that end; preparation alone is not enough, and some appreciable fragment of the crime must have been accomplished.” (People v. Gallardo, 41 Cal.2d 57, 66 [ 257 P.2d 29 ]; People v. Buffum, 40 Cal.2d 709, 716 [ 256 P.2d 317 ]; People v. Werner, 16 Cal.2d 216, 221 [ 105 P.2d 927 ]; People v. Miller, 2 Cal.2d 527, 530 [ 42 P.2d 308 ]; People v. Murray, 14 Cal. 159,160 ; People v. MacDonald, 24 Cal.App.2d 702, 710 [ 76 P.2d 121 ]; People v. Lyles, 15 1958“In order to establish an attempt, it must appear that the defendant had a specific intent to commit a crime and did a direct, unequivocal act toward that end; preparation alone is not enough, and some appreciable fragment of the crime must have been accomplished.” (People v. Gallardo, 41 Cal.2d 57, 66 [ 257 P.2d 29 ]; People v. Buffum, 40 Cal.2d 709, 716 [ 256 P.2d 317 ]; People v. Werner, 16 Cal.2d 216, 221 [ 105 P.2d 927 ]; People v. Miller, 2 Cal.2d 527, 530 [ 42 P.2d 308 ]; People v. Murray, 14 Cal. 159,160 ; People v. MacDonald, 24 Cal.App.2d 702, 710 [ 76 P.2d 121 ]; People v. Lyles, 15 | 1 | 1958–1958 |
People v. Murray
green
1 sentence1958“In order to establish an attempt, it must appear that the defendant had a specific intent to commit a crime and did a direct, unequivocal act toward that end; preparation alone is not enough, and some appreciable fragment of the crime must have been accomplished.” (People v. Gallardo, 41 Cal.2d 57, 66 [ 257 P.2d 29 ]; People v. Buffum, 40 Cal.2d 709, 716 [ 256 P.2d 317 ]; People v. Werner, 16 Cal.2d 216, 221 [ 105 P.2d 927 ]; People v. Miller, 2 Cal.2d 527, 530 [ 42 P.2d 308 ]; People v. Murray, 14 Cal. 159,160 ; People v. MacDonald, 24 Cal.App.2d 702, 710 [ 76 P.2d 121 ]; People v. Lyles, 15 | 1 | 1958–1958 |
People v. Hudson
green
2 sentences1940(People v. Hudson, 139 Cal. App. 543 [ 34 Pac. (2d) 741 ].) Obviously the facts and circumstances above narrated are amply sufficient to meet the requirements of the foregoing rule. 1940(People v. Hudson, 139 Cal. App. 543 [ 34 Pac. (2d) 741 ].) Obviously the facts and circumstances above narrated are amply sufficient to meet the requirements of the foregoing rule. | 1 | 1940–1940 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.