People v. Whitney
California Supreme Court
Appeal from the County Court of Siskiyou County. The defendant was indicted for the crime of assault with intent to commit murder, and found guilty as charged in the indictment. The appeal is from the judgment. The facts are stated in the opinion.
1Opinion of the Court
By the Court, Rhodes, J.:
The evidence is not contained in the record. In reviewing an instruction it will be assumed that the state of the evidence was such as to warrant the instruction, if it would be legal and proper in any conceivable state of the evidence; but in the absence of the evidence from the record it will not be assumed that evidence was introduced which would require a modification or qualification of any instruction as given. We cannot, therefore, determine from the record before us that the fifth instruction required any qualification or modification.
At the request of the…
2Cases cited1 opinion
- State v. WilliamsSupreme Court of Iowa · 1865
3Cited by6 opinions
- State v. NolanIdaho Supreme Court · 1917
- McQueary v. PeopleSupreme Court of Colorado · 1910
- State v. DickensIdaho Supreme Court · 1948
- People v. WordenCalifornia Supreme Court · 1896
- State v. LyonsIdaho Supreme Court · 1901
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