People v. Stoll

The people appeal from an order of the superior court of San Francisco directing the jury to return a verdict in favor of the defendant.

The defendant was charged with' murder, pleaded not guilty, and thereafter, the case coming on for trial, a jury was duly impaneled and sworn to try the cause.

Thereupon the district attorney made an opening statement to the jury of what the people expected to prove, at the conclusion of which the attorney for the defendant moved the court upon such opening statement to instruct the jury to acquit the defendant. After some discussion between counsel and the…