People v. Hart
California Supreme Court
Appeal from the District Court of the Thirteenth Jucli- , cial District, Tulare County. • The defendant was convicted of murder, and appealed from the judgipent upon the judgment roll alone, alleging error in the instructions given to the jury by the Court, of its own motion.
1Opinion of the Court
By the Court, Niles, J.:
The appeal in this case being from the judgment, and there being no bill of exceptions, the case is presented upon the judgment roll alone. The charge given by the Court, upon its own motion, forms no part of the judgment roll.
By section four hundred and thirty-eight of the Criminal Practice Act, it is provided that “when any written charge has been presented and given, or refused, the question or questions presented in such charge need not bo excepted to, nor embodied in a bill of exceptions, but the written charge itself, with the indorsement showing the action of…
2Cited by5 opinions
- People v. BilesIdaho Supreme Court · 1885
- People v. HartUtah Supreme Court · 1894
- People v. BerlinUtah Supreme Court · 1894
- People v. FlahaveCalifornia Supreme Court · 1881
- State v. GrimmettIdaho Supreme Court · 1920