People v. Fine
THE PEOPLE v. WM. A. FINE
- Area
- criminal
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
By the Court :
The intention with which the cissault was committed was a material issue of fact to be determined by the jury; and if the assault was committed, not with the intent to commit murder, as charged in the indictment, but to do great bodily harm or some lesser’ offense included in the greater one charged in the indictment, the jury might have convicted the accused of the lesser offense. But the Court instructed the jury that if they found a verdict of guilty they must convict him of the offense charged in the indictment. This was error.
Judgment and order reversed, and cause remanded for a new trial.
Cited by
- People v. Avila Crim. No. 6811 · 1960-03-08