People v. Wheelwright

Defendant, convicted of forgery, was granted probation. He appeals from the order granting probation. The order is appealable. (Pen. Code, § 1237.)

The only contention possessing merit is that the trial court of its own motion gave the following unexplained and undefined instruction: ‘1 Evidence of an oral admission or statement by the defendant ought to be viewed by [sic] caution. ’11 In the context of the facts of this case we hold that the giving of the instruction was error. But we will also hold there was no miscarriage of justice. (Cal. Const., art. VI, § 13.)

James Coleman was the…