People v. Bumberger
California Supreme Court
Appeal from the Municipal Court of the City and County of San Francisco. The defendant was tried upon an indictment for felony. In its charge to the jury the Court used this language: “ Of course there is one thing to be said about this kind of defense [insanity]. It is doubtless true that it has been relied upon in a great many cases, and has been sustained where it should not have been; it has got to be somewhat odious in the minds of the community.
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Appeal from the Municipal Court of the City and County of San Francisco. The defendant was tried upon an indictment for felony. In its charge to the jury the Court used this language: “ Of course there is one thing to be said about this kind of defense [insanity]. It is doubtless true that it has been relied upon in a great many cases, and has been sustained where it should not have been; it has got to be somewhat odious in the minds of the community. Still there is no doubt that a person who has really committed an act when he was in an unsound state of mind—an act which is the result of a…
1Opinion of the Court
By the Court:
The only points made relate to the charge given by the Court to the jury. Subdivision six of section one thousand and ninety-three of the Penal Code provides that the “ charge must be reduced to writing before it is given, unless by the mutual consent of the parties it is given orally, or unless it is fully taken down by the reporter of the Court at the time it is given.”
It appears from the record that the Court charged the jury orally, “ a written charge being waived.” It also appears that “ counsel for the respective parties having expressly waived a written charge, the Court…
2Cited by10 opinions
- Aszman v. StateIndiana Supreme Court · 1890
- People v. MetheverCalifornia Supreme Court · 1901
- People v. McCarthyCalifornia Supreme Court · 1896
- People v. SloperCalifornia Supreme Court · 1926
- People v. SteinCalifornia Court of Appeal · 1913
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