People v. Lockwood
California Supreme Court
Appeal from the District Court of the Eleventh Judicial District, County of Placer. The appellant was indicted for the murder of J. P. Beatty. The evidence showed that the name of the deceased was J. T. Beatty.
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Appeal from the District Court of the Eleventh Judicial District, County of Placer. The appellant was indicted for the murder of J. P. Beatty. The evidence showed that the name of the deceased was J. T. Beatty. The defendant asked the Court to instruct the jury that unless the real name of the deceased was J. P. Beatty, or that he commonly went by that name, they must acquit the prisoner, although the jury might he satisfied that he was guilty of the murder of another named person. The instructions are marked “ refused,” and the jury found a verdict of manslaughter, upon which sentence was…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
The evidence taken on the trial below is not properly certified to us; hence the only question which we can examine is the one presented by the judgment roll, and the instructions refused by the Court. Upon this point we desire to be understood, that in every criminal case the instructions given and refused should be so marked and signed by the Judge who tried the cause. Any other rule would enable the clerk to make or certify errors, and is too loose and uncertain a practice to be countenanced.
The…
2Cited by7 opinions
- People v. SmithCalifornia Supreme Court · 1894
- People v. NorthcottCalifornia Court of Appeal · 1920
- People v. FaustCalifornia Supreme Court · 1896
- Choen v. StateIndiana Supreme Court · 1876
- Cox v. DurhamCourt of Appeals for the Eighth Circuit · 1904
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