People v. White
California Supreme Court
Appeal from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. Edward A. Belcher, Judge. In its instruction to the jury the court charged, in defining a reasonable doubt, that: “The reasonable doubt that I have mentioned means precisely what the words import—a fair doubt growing out of the evidence, or want of evidence, in the case, based upon reason and common sense.
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Appeal from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial. Edward A. Belcher, Judge. In its instruction to the jury the court charged, in defining a reasonable doubt, that: “The reasonable doubt that I have mentioned means precisely what the words import—a fair doubt growing out of the evidence, or want of evidence, in the case, based upon reason and common sense. It is such a doubt as may leave the minds of the jury, after they have considered all the evidence of the case, in that state that they cannot say they feel an abiding…
1Opinion of the CourtBeatty, C. J.
The defendant was convicted of an attempt to commit burglary in the first degree, and appeals from the judgment and from an order denying his motion for a new trial.
His first point is that there was a variance between the proof and the indictment.
1. The indictment charged a burglarious entry of a house situate at Ho. 45 South Park, San Francisco, belonging to John Doe, whose real name is unknown, etc. The evidence showed—or was sufficient at least to sustain a verdict—that defendant attempted in the night*19time to enter burglariously a vacant dwelling at No. 45 South Park, but that the house…
2Cases cited2 opinions
- People v. PaulsellCalifornia Supreme Court · 1896
- People v. ShaughnessyCalifornia Supreme Court · 1895
3Cited by11 opinions
- People v. Daveggio & MichaudCalifornia Supreme Court · 2018
- People v. RobinsonCalifornia Court of Appeal · 1960
- People v. BickerstaffCalifornia Court of Appeal · 1920
- People v. PriceCalifornia Supreme Court · 1904
- People v. MendozaCalifornia Court of Appeal · 1911
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