gno.law

Barker v. Hope

California Supreme Court · No. 4384 · 1875-02-01 · Published · 1 Cal. Unrep. 877

JAMES L. BARKER v. THOMAS HOPE

Area
civil
Panel
E. W. McKinstry (author), Richard W. Rhodes, Joseph B. Crockett

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 — McKinstry

McKINSTRY, J.

— We think the first instruction given by the court below is not obnoxious to the criticism to which *878it is subjected in appellant’s brief. The district court properly asserted judicial knowledge of the fact that a “fence pole” is a “heavy club”; and when the court said, “the defendant admits that he struck the plaintiff substantially as charged, ’ ’ it was a statement of an admission that he struck with a heavy club, and not of the alleged malice accompanying the blow.

Nor do we think the other points made by the appellant are well taken.

Judgment affirmed.

We concur: Crockett, J.; Rhodes, J.