gno.law

People v. Demint

California Supreme Court · · 1857-07-01 · Published · 8 Cal. 423

THE PEOPLE v. DEMINT

Area
criminal
Panel
Lawrence F. Terry, Albert G. Burnett

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.

Concurrence — Terryburnett

Terry, C. J., delivered the opinion of the Court—Burnett, J., concurring.

On the trial of this case the Court below charged the jury orally, without the consent of parties.

The act amendatory of an act to regulate proceedings in criminal cases, passed May, 1855, provides that “ in no case shall any charge, or instruction, be given to the jury otherwise"than in writing, unless by the mutual consent of the parties."

This provision is mandatory, and any departure from it is error. See People v. Buler, July Term, 1856.

Judgment reversed, and cause remanded.

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