Legal Opinion · Concurrence

People v. Flahave

California Supreme Court

Decided July 1, 1881No. 10,593Published

After the decision a petition for rehearing was filed and denied. Appeal from a judgment of eonvietion-and an order denying a new trial in the Superior Court of Colusa County. Hatch, J.

1ConcurrenceMcKinstry, J.

I concur in the judgment. By § 1127 of the Penal Code, it is provided: “ In charging the jury, the Court must state to them all matters of law necessary for their information. Either party may present to the Court any written charge and request that it be given. If the Court thinks it correct and pertinent, it must he given; if not, it must be refused. Upon each charge presented and given or refused, the Court must indorse and sign its decision. If part be given and part refused, the Court must distinguish, showing by the indorsement what part of the charge was given and what part refused.”

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2Cases cited1 opinion

  1. People v. HartCalifornia Supreme Court · 1872

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