People v. Paulsell
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. Edw. A. Belcher, Judge.
Read the full summary
Appeal from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. Edw. A. Belcher, Judge. The instruction given to the jury by the court on the subject of reasonable doubt is as follows: “As the exclusive arbiters of the facts, it is for you to say what has been proved and established to your satisfaction in this case, being minded that if that proof to your satisfaction shall make against the defendant, then it must be proof beyond all reasonable doubt and to a moral certainty.....Now, the reasonable doubt that you have heard me speak…
1Opinion of the CourtMcFarland, J.
The defendant was convicted of robbery, and appeals from the judgment and from an order denying his motion for a new trial.
The judgment must be reversed and a new trial ordered on account of instructions given and refused upon the subject of reasonable doubt—a subject upon which we had hoped there would be no further difficulty, except where instructions had been presented upon that subject by the defendant. We have frequently held that where the well-known definition of reasonable doubt of Chief Justice Shaw in the Webster case had been given to the jury, we would be loth to reverse a…
2Cases cited6 opinions
- People v. BemmerlyCalifornia Supreme Court · 1890
- People v. BrannonCalifornia Supreme Court · 1873
- People v. Chun HeongCalifornia Supreme Court · 1890
- People v. Lee Sare BoCalifornia Supreme Court · 1887
- People v. Ah SingCalifornia Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Victor v. NebraskaSupreme Court of the United States · 1994
- People v. FreemanCalifornia Supreme Court · 1994
- People v. BrighamCalifornia Supreme Court · 1979
- People v. Daveggio & MichaudCalifornia Supreme Court · 2018
- People v. CamposCalifornia Court of Appeal · 2007
19 more not listed; retrieve them via the Exa API.