Legal Opinion

People v. English

California Supreme Court

Decided July 1, 1877No. 10,246PublishedCited by 5 opinions

Appeal from the County Court, County of Lake. The defendants were indicted for grand larceny, were convicted, and appealed. The other facts are stated in the opinion.

1Opinion of the Court

By the Coubt :

Sec. 1175 of the Penal Code provides that a bill of exceptions shall contain so much of the evidence only as is necessary to present the questions of law on which the exceptions were taken.

It must be presumed, and always will be presumed by this Court, that such exception in a bill is preceded by all the material evidence actually given bearing on the point of the objection. The prosecuting attorney should always be afforded an opportunity to suggest the addition to the bill (as prepared by defendant’s counsel) of such evidence actually given as may have a tendency to remove the…

2Cited by5 opinions

  1. People v. BuckleyCalifornia Supreme Court · 1897
  2. United States v. AlexanderIdaho Supreme Court · 1888
  3. People v. MesaCalifornia Court of Appeal · 1932
  4. State v. SiepertIdaho Supreme Court · 1923
  5. People v. CoulterCalifornia Supreme Court · 1904

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