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People v. Demint

Supreme Court of California
Oct 1, 1857
8 Cal. 423 (Cal. 1857)

Summary

In People v. Demint, 8 Cal. 423, the judgment was reversed upon the sole ground of non-compliance with the statute in respect to reducing the charge of the Court to writing before it was given to the jury.

Summary of this case from People v. Sanford

Opinion

         Appeal from the Court of Sessions of Sacramento County.

         The defendant, A. F. Demint, was indicted for an assault, with intent to commit a rape. On the trial, the Court charged the jury orally, without the consent of parties. The jury found a verdict of guilty. Motion for new trial made and overruled, and prisoner sentenced to one year's imprisonment, from which he appealed.

         COUNSEL:

         Smith & Hardy, for Appellant.

         W. T. Wallace, Attorney-General, for the People.


         JUDGES: Terry, C. J., delivered the opinion of the Court. Burnett, J., concurring.

         OPINION

          TERRY, Judge

         On the trial of this case the Court below charged the jury orally, without the consent of parties.

         The Act amendatory of an Act to regulate proceedings in criminal cases, passed May, 1855, provides that " in no case shall any charge, or instruction, be given to the jury otherwise than in writing, unless by the mutual consent of the parties."

         This provision is mandatory, and any departure from it is error. (See People v. Beeler , 6 Cal. 246.)

         Judgment reversed, and cause remanded.


Summaries of

People v. Demint

Supreme Court of California
Oct 1, 1857
8 Cal. 423 (Cal. 1857)

In People v. Demint, 8 Cal. 423, the judgment was reversed upon the sole ground of non-compliance with the statute in respect to reducing the charge of the Court to writing before it was given to the jury.

Summary of this case from People v. Sanford
Case details for

People v. Demint

Case Details

Full title:THE PEOPLE v. DEMINT

Court:Supreme Court of California

Date published: Oct 1, 1857

Citations

8 Cal. 423 (Cal. 1857)

Citing Cases

People v. Sanford

         The Court erred in charging the jury orally. (People v. Payne , 8 Cal. 34; People v. Bealer , 6 Cal.…

People v. Johnson

The record shows affirmatively that an oral charge was given, which cannot be done upon the trial of a…