Summary
In Lippert v. Pacific Sugar Corp., supra, which was a case where death resulted from the explosion of a boiler, the court says: "The cases are industriously cited and considered in Judson v. Giant Powder Co., 107 Cal. 549 [48 Am. St. Rep. 146, 29 L.R.A. 718, 40 P. 1020].
Summary of this case from Smith v. Southern Counties Gas Co.Opinion
Crim. No. 662.
March 12, 1917.
APPEAL from a judgment of the Superior Court of Alameda County, and from an order denying a new trial. F. B. Ogden, Judge.
The facts are stated in the opinion of the court.
Walter Stingley, and J. C. Thomas, for Appellant.
U.S. Webb, Attorney-General, and John H. Riordan, Deputy Attorney-General, for Respondent.
Upon an investigation of the record, and after listening to the oral argument of the appellant, we are not satisfied that the trial court abused its discretion in denying the defendant's request for a postponement of the trial, and at any rate, it does not appear to us that any prejudice resulted to the defendant. As to the appellant's criticisms of the charge of the court, that charge is in our opinion clear and correct; nor do we find any merit in the point that the testimony of the prosecutrix is inherently improbable and therefore insufficient to support the verdict and judgment. Oh the contrary, an inspection of the record convinces us that they are amply sustained by the evidence. The judgment and order appealed from are therefore affirmed.