Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 1Bancroft-Whitney Company, 1906 |
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Página 9
... REQUESTS COVERED BY CHARGE . - It is proper to refuse requested instructions covered by the charge of the court . ID . PROPER ... request of the defendant , could not have misled the jury . LD . - NEW TRIAL - NEWLY DISCOVERED EVIDENCE ...
... REQUESTS COVERED BY CHARGE . - It is proper to refuse requested instructions covered by the charge of the court . ID . PROPER ... request of the defendant , could not have misled the jury . LD . - NEW TRIAL - NEWLY DISCOVERED EVIDENCE ...
Página 12
... requested by de- fendant , were properly refused . ( People v . Rodley , 131 Cal . 259 , [ 63 Pac . 351 ] ; People v . Perry , 144 Cal . 754 , [ 78 Pac . 284 ] . ) There was no error in refusing instruction numbered 13 requested by ...
... requested by de- fendant , were properly refused . ( People v . Rodley , 131 Cal . 259 , [ 63 Pac . 351 ] ; People v . Perry , 144 Cal . 754 , [ 78 Pac . 284 ] . ) There was no error in refusing instruction numbered 13 requested by ...
Página 13
... request of the peo- ple , is not erroneous . It is but a restatement of the principle that juries are exclusive judges of the weight and sufficiency of evidence , stated elsewhere in the charge . The jurors were told that their judgment ...
... request of the peo- ple , is not erroneous . It is but a restatement of the principle that juries are exclusive judges of the weight and sufficiency of evidence , stated elsewhere in the charge . The jurors were told that their judgment ...
Página 14
... request of defendant , where the omitted elements were plainly stated , could not have misled the jury . ( People v . Gleason , 122 Cal . 372 , [ 55 Pac . 123 ] ; People v . Morine , 61 Cal . 367 ; People v . Gibson , 106 Cal . 458 ...
... request of defendant , where the omitted elements were plainly stated , could not have misled the jury . ( People v . Gleason , 122 Cal . 372 , [ 55 Pac . 123 ] ; People v . Morine , 61 Cal . 367 ; People v . Gibson , 106 Cal . 458 ...
Página 18
... requested by the defendant where all the matter contained in them is found in other instructions given by the court . APPEAL from a judgment of the Superior Court of Sao- ramento County and from an order denying a new trial . E. C. Hart ...
... requested by the defendant where all the matter contained in them is found in other instructions given by the court . APPEAL from a judgment of the Superior Court of Sao- ramento County and from an order denying a new trial . E. C. Hart ...
Outras edições - Ver tudo
Reports of Cases Determined in the District Courts of Appeal of the State of ... Visualização de excertos - 1943 |
Reports of Cases Determined in the District Courts of Appeal of the State of ... Visualização de excertos - 1943 |
Reports of Cases Determined in the District Courts of Appeal of the State of ... Visualização de excertos - 1948 |
Palavras e frases frequentes
affirmed agreement alleged amendment amount answer Appellant assignment cause of action charge charter charter party city and county Civil Procedure claim Code Civ Code of Civil Company complaint concurred constitution contract County of San crime damages deceased defendant defendant's demurrer district attorney entitled error evidence execution executors facts favor fendant filed findings foreclosure Frank Silva ground hundred dollars injury instruction interest issue Judge jurisdiction jurors jury land lease lien ment mortgage motion negligence notice objection opinion order denying owner paid parties payment Penal Code person petition petitioner plaintiff pleadings possession premises promissory note prosecution purchase question reason refused rendered Respondent rule San Francisco statement statute statute of limitations sufficient Superior Court supreme court sustained testified testimony therein thereof Third Appellate tiff tion trial court unlawful detainer verdict witness writ
Passagens conhecidas
Página 400 - The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
Página 571 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Página 527 - The words of a will are to be taken in their ordinary and grammatical sense, unless a clear intention to use them in another sense can be collected, and that other can be ascertained.
Página 2 - ... with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of such person or of such child, shall be guilty of a felony and shall be imprisoned in the State prison for a term of from one year to life.
Página 144 - Suits may be brought against the State in such manner and in such Courts as shall be directed by law.
Página 231 - A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.
Página 719 - Having no absolute right of recognition in other States but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those States may think proper to impose. They may exclude the foreign corporation entirely ; they may restrict its business to particular localities, or they may exact such security for the performance of its contracts with their citizens as in their judgment...
Página 669 - When the death of a person not being a minor is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death, or if such person be employed by another person who is responsible for his conduct, then also against such other person. In every action under this and the preceding section, such damages may be given as under all the circumstances of the case, may be just.
Página 184 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Página v - Courts; also, in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars...