People v. Beeler
California Supreme Court Jul 1, 1856Published
Before: Murray
Synopsis
In a criminal trial it is error for the Court to charge the jury orally without the consent of the parties.
Section first of the Act of 1855, amendatory to the Act regulating criminal proceedings, is mandatory and not directory.
The opinion of the Court was delivered by Mr. Chief Justice Murray. Mr. Justice Terry concurred.
On the trial of this cause, the Court charged the jury orally, without the consent of parties.
This was error by the provisions of the first section of an Act, passed May 7, 1855, amendatory of an Act to regulate criminal proceedings. The rule prescribed by the statute is mandatory and not directory.
Judgment reversed and new trial ordered.
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