People v. Knutte

Respondent was tried for the offense of obtaining money and property by false pretenses. At the conclusion of the evidence in chief for the prosecution the court advised the jury to acquit, for the reason that in the judgment of the court the case had not been established; and the case was then submitted to the jury upon the instructions of the court, without evidence on behalf of defendant, or argument of counsel. The jury, notwithstanding the advice of the court, found the defendant guilty, and thereupon the court of its own motion made an order setting aside the verdict, and granting the…