People v. Fine (1878) · DecisionDepot

People v. Fine

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. 10,364Published

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Holding. The trial court erred by instructing the jury that they were required to convict the defendant of the charged offense if they found him guilty, thereby precluding consideration of lesser included offenses.

Issues

Whether the trial court erred in instructing the jury that they must convict the defendant of the charged offense if they found him guilty.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“the Court instructed the jury that if they found a verdict of guilty they must convict him of the offense charged in the indictment. This was error.”

Synopsis

Iztoictmeíít—Ekroueous Dtstbuctioit. — Where a party is indicted for an assault with an intent to commit murder, it is error to instruct the jury that if they find a verdict of guilty they must convict the defendant of the offense charged in the indictment.

By the Court : The intention with which the cissault was committed was a material issue of fact to be determined by the jury; and if the assault was committed, not with the intent to commit murder, as charged in the indictment, but to do great bodily harm or some lesser’ offense included in the greater one charged in the indictment, the jury might have convicted the accused of the lesser offense. But the Court instructed the jury that if they found a verdict of guilty they must convict him of the offense charged in the indictment. This was error.

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

People v. Fine

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