People v. Cox
California Supreme Court
Appeal from the judgment of the Superior Court of Calaveras County, and from an order refusing a new trial.
1Opinion of the CourtMcKinstry, J.
The defendant was found guilty of murder of the first degree.
It is contended the court below erred, in that the judge gave to the jury an oral instruction, not taken down by the phonographic reporter, as required by section 1093 of the Penal Code.
The bill of exception shows that after the judge below had read written instructions, and prior to an oral instruction (which was taken down), explanatory of the difference between the degrees of murder, he addressed to the jury a few words, “leading up to and in no way touching upon” the oral instruction, which were not taken down.
When, by the…
2Cases cited2 opinions
- People v. DoyellCalifornia Supreme Court · 1874
- People v. HerseyCalifornia Supreme Court · 1879
3Cited by20 opinions
- People v. HoltCalifornia Supreme Court · 1944
- State v. FullerSupreme Court of North Carolina · 1894
- People v. LearyCalifornia Supreme Court · 1895
- People v. RauchoCalifornia Court of Appeal · 1935
- State v. . NorwoodSupreme Court of North Carolina · 1894
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