People v. Durrant
California Supreme Court
Appeal from a judgment of the Superior Court- of the City and County of San Francisco and from an order denying a new trial. D. J. Murphy, Judge. The latter part of instruction X asked for by the defendant, and refused, and which is referred to in the opinion of the court, was as follows: “It is safer to err in acquitting, and better that many guilty persons should escape, than that one innocent man should suffer.
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Appeal from a judgment of the Superior Court- of the City and County of San Francisco and from an order denying a new trial. D. J. Murphy, Judge. The latter part of instruction X asked for by the defendant, and refused, and which is referred to in the opinion of the court, was as follows: “It is safer to err in acquitting, and better that many guilty persons should escape, than that one innocent man should suffer. Justice never required the sacrifice of a victim; an erroneous conviction is calculated to produce incalculable and irreparable mischief to individuals, to destroy all confidence in…
1Opinion of the CourtHenshaw, J.
The defendant, convicted of the murder of Blanche Lament, prosecutes these appeals from the judgment and from the order denying him a new trial.
Reviewing the specifications of error in their natural sequence, rather than in the order of their presentation in argument, the first which invite attention are defendant’s challenges to the panel. He contended that the list of trial jurors had not been selected or returned as required by sections 204-09 of the Code of Civil Procedure. In support of this contention he offered the-record of the proceedings of the judges of the superior court in the…
2Cases cited51 opinions
- Pointer v. United StatesSupreme Court of the United States · 1894
- Spies v. PeopleIllinois Supreme Court · 1887
- The People v. . BennettNew York Court of Appeals · 1872
- In re ShortridgeCalifornia Supreme Court · 1893
- People v. GallagherCalifornia Supreme Court · 1893
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3Cited by202 opinions
- People v. WheelerCalifornia Supreme Court · 1978
- People v. Superior Court (Zamudio)California Supreme Court · 2000
- People v. HamiltonCalifornia Supreme Court · 1963
- People v. KetchelCalifornia Supreme Court · 1963
- People v. HowardCalifornia Supreme Court · 1930
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