People v. Ah Fung
THE PEOPLE v. AH FUNG
- Area
- criminal
- Panel
- Cope (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 — Cope
Cope, J. delivered the opinion of the Court Baldwin, J. concurring.
On the trial of this case, the Court instructed the jury that if the evidence of one of the witnesses was true, the defendants were guilty of murder in the first degree. This witness did not see the deceased after the commission of the offense, and his testimony did not establish the homicide. It is contended that there was no controversy upon that point, and that the Court was correct in assuming the existence of the fact. We do not know, nor can we ascertain, what particular matters were controverted before the jury, but we think the Court had no right to assume the existence of any fact not expressly admitted.
It follows that the judgment must be reversed, and the cause remanded for a new trial.
Cited by
- People v. Ybarra · 1860-07-01