People v. Kohler
THE PEOPLE OF THE STATE OF CALIFORNIA v. ERNEST KOHLER
- Area
- criminal
- Panel
- Solomon Heydenfeldt (author)
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 — Heydenfeldt
Heydenfeldt, J., delivered the opinion of the Court.
Bryan, J., concurred.
The bill of exceptions shows that after the jury retired, they returned and asked to hear read two depositions of witnesses of the defendant. The depositions were read to them, and this was done during the absence of the prisoner. The rule is familiar that the prisoner, in a case of felony, must be present during the whole of his trial; and reading evidence taken by deposition, although it was done after the jury had retired, is a part of the trial as much as any other. In favor of life, the strictest rule which has any sound reason to sustain it, will not be relaxed.
The judgment is reversed, and a new trial ordered.
Cited by
- In Re Dennis Crim. 6364 · 1959-03-02
- People v. Berling Crim. 4713 · 1953-01-08
- People v. Isby Crim. 4803 · 1947-11-18
- People v. Holmes Crim. No. 223 · 1897-10-04
- People v. Higgins No. 10,605 · 1881-07-15