People v. Morino (1878) · DecisionDepot

People v. Morino

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1878 No. No. 10,331Published

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Holding. The trial court erred by refusing to instruct the jury that they must be satisfied beyond a reasonable doubt that the victim died from wounds inflicted by the defendant rather than another cause.

Issues

Whether the trial court erred in refusing a requested jury instruction regarding the cause of death and reasonable doubt.

Disposition. Reversed and remanded for a new trial.

Quotations verified verbatim against the opinion

“The Court below erred in refusing the instruction asked by defendant’s counsel”

“In a criminal case the jury must be satisfied beyond a reasonable doubt that every fact essential to constitute the offense charged has been proved.”

Synopsis

Degree of Evidence in Criminar Case.—In a criminal case the jury must he satisfied beyond a reasonable doubt that every fact essential to constitute the offense charged has been proved.

By the Court : The Court below erred in refusing the instruction asked by defendant’s counsel: “ Before the jury can convict defendant, they must 'be entirely satisfied, and beyond a reasonable doubt, that deceased, Gardiner, died from the effect of wounds inflicted by defendant, and did not die from any other cause.”

In a criminal case the jury must be satisfied beyond a reasonable doubt that every fact essential to constitute the offense charged has been proved.

Judgment and order reversed, and cause remanded for a new trial.

People v. Morino

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