People v. Wong Chow (1884) · DecisionDepot

People v. Wong Chow

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

California Supreme Court Oct 3, 1884 No. No. 10,998Published

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Holding. The trial court erred by refusing to provide a requested jury instruction that was supported by the evidence and presented a theory of the case not covered by other instructions.

Issues

Whether the trial court erred in refusing to give a requested jury instruction.

Disposition. Reversed and remanded for a new trial.

Quotations verified verbatim against the opinion

“the court erred in refusing to give it. The evidence, in our opinion, entitled the defendant to have that instruction given.”

Synopsis

Instructions'.—Where the Evidence Warrants an Instruction Suggesting a Theory not presented hy any other instructions given, it is the duty of the court to give the same at the request of one of the parties.

By the COURT. The eleventh instruction which the defendant requested to be given, and the court refused to give, to the jury, suggested a theory of the case which was not suggested by any of the instructions given, and we think the court erred in refusing to give it. The evidence, in our opinion, entitled the defendant to have that instruction given.

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

People v. Wong Chow

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