People v. Demint

California Supreme Court Jul 1, 1857Published

Before: Burnett, Terry

AI Brief

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Holding. The court held that a trial court's oral charge to a jury without the mutual consent of the parties violates the mandatory requirements of the 1855 act regulating criminal proceedings.

Issues

Whether a trial court may provide oral instructions to a jury without the mutual consent of the parties.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“This provision is mandatory, and any departure from it is error.”

Synopsis

In criminal cases it is error to charge the jury orally, without the consent of parties.

Terry, C. J., delivered the opinion of the Court—Burnett, J., concurring. On the trial of this case the Court below charged the jury orally, without the consent of parties.

The act amendatory of an act to regulate proceedings in criminal cases, passed May, 1855, provides that “ in no case shall any charge, or instruction, be given to the jury otherwise"than in writing, unless by the mutual consent of the parties."

This provision is mandatory, and any departure from it is error. See People v. Buler, July Term, 1856.

Judgment reversed, and cause remanded.

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