People v. Hitchcock
California Supreme Court
Appeal from a judgment of the Superior Court of Humboldt County, and from an order denying a new trial. The facts are stated in the opinion. The court erred in giving the third instruction, as the giving of such instruction invaded the province of the jury. (Ells v. State, 20 Ga. 438; McLeland v. State, 25 Ga. 477; Parker v. State, 34 Ga. 262.) Instruction seven was clearly improper, as it violates the constitution and is against the provisions of the code.
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Appeal from a judgment of the Superior Court of Humboldt County, and from an order denying a new trial. The facts are stated in the opinion. The court erred in giving the third instruction, as the giving of such instruction invaded the province of the jury. (Ells v. State, 20 Ga. 438; McLeland v. State, 25 Ga. 477; Parker v. State, 34 Ga. 262.) Instruction seven was clearly improper, as it violates the constitution and is against the provisions of the code. (Const., art. VI, sec. 17; Pen. Code, sec. 1321; Code Civ. Proc., secs. 1102, 1323, T879, 2061.) Instruction seven was an argument to the…
1Opinion of the Court
Haynes, C.
The defendant was indicted for perjury. The indictment appears to have been copied in part from the case of People v. Ah Bean, 77 Cal. 12. The opinion in that case set out the material part, of the, indictment, and in it occurs the expression,Did in a, manner material to the issue.” The word “ manner” is evidently a misprint, in that case, for the word “ matter.”. Here the word “manner” is used in the indictment.. *484The indictment was not demurred to. At the close of the evidence on behalf of the people the defendant moved the court to instruct the jury to acquit the defendant upon…
2Cases cited6 opinions
- People v. O'BrienCalifornia Supreme Court · 1892
- People v. CroninCalifornia Supreme Court · 1867
- People v. FlynnCalifornia Supreme Court · 1887
- People v. Ah BeanCalifornia Supreme Court · 1888
- People v. CurryCalifornia Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. RyanCalifornia Supreme Court · 1907
- People v. SanchezCalifornia Court of Appeal · 1969
- People v. RomoCalifornia Court of Appeal · 1962
- People v. DunstanCalifornia Court of Appeal · 1922
- People v. HaleyCalifornia Court of Appeal · 1951
2 more not listed; retrieve them via the Exa API.