People v. Lee Gam
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County, and from an order refusing a new trial. The twenty-third instruction requested by the defendant, and refused by the court, was to the effect that the jury could find the defendant guilty of murder in the first or second degree, or of manslaughter. The further facts are stated in the opinion.
1Opinion of the Court
Foote, C.
The defendant was tried upon a charge of murder; from the judgment of conviction thereof in the first degree, and the order, denying him a new trial, he appealed.
It is argued by counsel in his behalf that the court erred in its charge to the jury, in that part referring to the defense made of an alibi, which was as follows:—•
“ Upon this point the testimony is in irreconcilable conflict. The defendant could not have been in these two places at the same time; and in this contradiction of witnesses the jury have to determine for themselves where lies the truth. In so judging, they will…
2Cited by30 opinions
- People v. ArnoldCalifornia Supreme Court · 1926
- People v. RogersCalifornia Supreme Court · 1912
- People v. TugwellCalifornia Court of Appeal · 1917
- People v. ChavesCalifornia Supreme Court · 1898
- People v. LevineCalifornia Supreme Court · 1890
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