People v. Fehely (1856) · DecisionDepot

People v. Fehely

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

California Supreme Court Nov 18, 1856 No. No. 1180Published

Before: Heydenfeldt, Murray, Terry

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Holding. The court held that the refusal to give a specific jury instruction requested by the defendant does not warrant reversal when the court provides the same instruction in its subsequent charge to the jury.

Issues

Whether the trial court's refusal to give a requested jury instruction constitutes reversible error when the substance of that instruction is provided in the final charge.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“In such cases we have always refused to reverse upon that ground.”

Synopsis

APPEAL from Fifteenth Judicial District, Trinity County.

HEYDENFELDT, J. — There is nothing in the exceptions taken by the appellant which warrants the reversal of the judgment. The second instruction asked for by the defendant might have been given as asked, but the very same in[39]struction was given by the eourt in its subsequent charge to' the jury, and almost in the words asked. In such cases we have always refused to reverse upon that ground. The charge of the court is full and explicit as to every point which arose in the case, and is without legal objection.

Judgment affirmed.

We concur: Murray, C. J.; Terry, J.

People v. Fehely

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