People v. O'Brien
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. The facts are stated in the opinion of the court.
1Opinion of the CourtMcFarland, J.
The defendant was convicted of the crime of embezzlement, and appeals from the judgment and from an order denying his motion for a new trial.
*105There were undoubtedly some errors of law committed at the trial. For instance, the court instructed the jury that the presumption of innocence goes with the defendant “ until the case is finally submitted to you.” This was error. “ The presumption of innocence does not cease upon the submission of the cause to the jury.” (People v. McNamara, 94 Cal. 514.) It was also error to allow the respondents, when putting in their evidence in chief, to show that…
2Cases cited1 opinion
- People v. McNamaraCalifornia Supreme Court · 1892
3Cited by9 opinions
- People v. TalbotCalifornia Supreme Court · 1934
- People v. MoralesCalifornia Court of Appeal · 1967
- People v. KaganCalifornia Court of Appeal · 1968
- Berryman v. DoreIdaho Supreme Court · 1929
- People v. ScholderCalifornia Court of Appeal · 1956
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