People v. Godkins

California Supreme Court Mar 10, 1857 No. No. 1321Published

Before: Burnett, Terry

AI Brief

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Holding. The court affirmed the judgment because the record lacked a settled statement or bill of exceptions containing the evidence or instructions necessary for appellate review.

Issues

Whether the court can review a denial of a new trial absent a bill of exceptions setting out the evidence or instructions.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“as the bill sets out neither the evidence nor the instructions, we cannot review the decision of the judge below”

Synopsis

Sessions, San Francisco County.

TERRY, J. — There is in the record no settled or agreed statement of the ease nor bill of exceptions setting out the evidence. The only exception in the record is the refusal of the court below to grant a new trial, on account of errors occurring at the trial and erroneous instructions given by the court, but as the bill sets out neither the evidence nor the instructions, we cannot review the decision of the judge below: People v. Lafuente [6 Cal. 202] and People v. Lockwood [6 Cal. 205], April term, 1856.

Judgment affirmed.

I concur: Burnett, J.

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