People v. Lanagan
California Supreme Court
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order refusing a new ' trial. On the trial, the court, inter alia, instructed the jury as follows: "Up to the moment when the killing is proved, the prosecution must make out its case beyond any reasonable doubt. When the killing is proved it devolves upon the defendant to show any circumstances in miti-
1Opinion of the CourtFox, J.
Information against the defendant charging him with the crime of murder. Conviction of manslaughter. Motion for new trial denied, and defendant appeals.
One of the charges of the court to the jury is copied from the charge in People v. Hong Ah Duck, 61 Cal. 394, and is the same charge which was repeated in People v. Bushton, 80 Cal. 160. There, after mature consideration, it was held to be erroneous. On the authority of that case, the judgment and order appealed from in this case must be reversed. (See also People v. Elliott, 80 Cal. 296.)
As the case will go back for new trial, we are asked…
2Cases cited7 opinions
- People v. BushtonCalifornia Supreme Court · 1889
- People v. WilliamsCalifornia Supreme Court · 1860
- People v. Hong Ah DuckCalifornia Supreme Court · 1882
- People v. ElliottCalifornia Supreme Court · 1889
- People v. TaylorCalifornia Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. PowellCalifornia Supreme Court · 1891
- People v. AgnewCalifornia Supreme Court · 1940
- People v. RoeCalifornia Supreme Court · 1922
- State v. LeeSupreme Court of Iowa · 1894
- People v. MatthaiCalifornia Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.