People v. Jenkins (1859) · DecisionDepot

People v. Jenkins

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

California Supreme Court Oct 4, 1859 No. No. 2495Published

Before: Baldwin, Cope

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Holding. The court affirmed the judgment because the appellant failed to include the trial testimony in the record, making it impossible to evaluate exceptions taken to jury instructions.

Issues

Whether exceptions to jury instructions can be considered without the trial testimony in the record.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“No exceptions can be regarded by us unless its relevance and materiality be disclosed by the record.”

“The instructions were addressed exclusively to the evidence, and no part of the testimony appears in the record.”

Synopsis

APPEAL from Seventh Judicial District, Plumas County.

COPE, J. — The points made in this case by the counsel for the appellant arise upon exceptions to the giving and refusing of certain instructions. As the case is presented to us, these exceptions cannot be considered. The instructions were addressed exclusively to the evidence, and no part of the testimony appears in the record. No exceptions can be regarded by us unless its relevance and materiality be disclosed by the record. The judgment is affirmed, and' the court below will designate a day to carry its sentence into execution.

I concur: Baldwin, J.

People v. Jenkins

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