Legal Opinion

People v. Hersey

California Supreme Court

Decided July 1, 1879No. 10,399PublishedCited by 8 opinions

Appeal from the District Court of the Tenth Judicial District, County of Colusa. The defendant was convicted of the murder of one Jack Lett. Judgment having been rendered, the defendant appealed. The other facts are- stated in the opinion.

1Opinion of the Court

By the Court, Crockett, J.:

After the jury had retired to deliberate on their verdict, they returnee! into Court and propounded to the Judge certain questions as -to the law of the case, which were answered orally by the Judge, in the absence of the phonographic reporter, and without the consent of the defendant. At the close of the oral charge one of the jurors inquired of the Judge whether they were “ to go by the written instructions ”; to which the Judge orally replied: “Yes, sir; you are to go by the written instructions as to the law of this case, and by nothing else.” After the jury had…

2Cases cited1 opinion

  1. People v. BeelerCalifornia Supreme Court · 1856

3Cited by8 opinions

  1. People v. LearyCalifornia Supreme Court · 1895
  2. State v. FisherMontana Supreme Court · 1900
  3. People v. CoxCalifornia Supreme Court · 1888
  4. People v. MackCalifornia Court of Appeal · 1931
  5. State v. PrestonIdaho Supreme Court · 1894

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