People v. Beeler
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of El Dorado. The defendant was tried and convicted on an indictment for murder. On the trial the Court charged the jury orally, without having first obtained the consent of parties. Defendant appealed.
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
On the trial of this cause, the Court charged the jury orally, without the consent of parties.
This was error by the provisions of the first section of an Act, passed May 7, 1855, amendatory of an Act to regulate criminal proceedings. The rule prescribed by the statute is mandatory and not directory.
Judgment reversed and new trial ordered.
2Cited by7 opinions
- People v. SanfordCalifornia Supreme Court · 1872
- Bradway v. WaddellIndiana Supreme Court · 1884
- State v. PrestonIdaho Supreme Court · 1894
- Williams v. United StatesCourt of Appeals for the Eighth Circuit · 1907
- People v. HerseyCalifornia Supreme Court · 1879
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