People v. Williams
California Supreme Court
Appeal from the County Court of Stanislaus County. The defendant, Charles Moore, and B. Doyle, were jointly indicted for the crime of robbery, alleged to have been committed by forcibly taking from the person of one Lewis Voyle a watch and gold and silver coin. The defendant had a separate trial, and was convicted, sentenced, and appealed. The appeal was taken on a bill of exceptions.
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Appeal from the County Court of Stanislaus County. The defendant, Charles Moore, and B. Doyle, were jointly indicted for the crime of robbery, alleged to have been committed by forcibly taking from the person of one Lewis Voyle a watch and gold and silver coin. The defendant had a separate trial, and was convicted, sentenced, and appealed. The appeal was taken on a bill of exceptions. Voyle’s answer to the question put to him by the District Attorney was: “Doyle said Moore and himself robbed me, and Williams stood by the fence to watch and prevent any interruption.” The following is the…
1Opinion of the Court
By the Court:
1. Ho point is made upon the instructions, and we will, therefore, not consider them.
2. The transcript does not purport to contain all the evidence in the case, but the alleged errors relied upon are such as appear in the bill of exceptions. It is well settled that all omissions or uncertainties in a bill of exceptions are to be construed against the party presenting it—this is an obvious corrollary to the rule that mere intendments here go in support of the judgment below, and that error is not to be presumed, but must affirmatively appear in the record.
3. The first error relied…
2Cited by11 opinions
- People v. BrothertonCalifornia Supreme Court · 1874
- State v. PerryIdaho Supreme Court · 1894
- State v. ShepphardMontana Supreme Court · 1899
- People v. HuffCalifornia Supreme Court · 1887
- Olson v. Oregon Short Line RailroadUtah Supreme Court · 1902
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