People v. Barton

Citations

• 88 Cal. 176
• 25 P. 1117
• 1891 Cal. LEXIS 668

Syllabus

<p>Criminal Law — Time for Pronouncing Judgment — Appeal—Objection for First Time. — The fact that the time appointed for pronouncing judgment was not at least two days after the verdict is not ground for reversal of the judgment, if the defendant made no objection to the action of the trial court.</p> <p>Id. — Oral Charge — Shorthand Reporter — Presumption upon Appeal. — It will be presumed upon appeal that the oral charge of the court was taken down by the shorthand reporter, if the contrary does not appear in the record. The defendant must show error affirmatively.</p> <p>Id. — Sentence — Formalities — Presumption upon Appeal. — It will also he presumed, that before judgment was pronounced the defendant was informed, as he should have been, of the nature of the charge against him, of his plea, and of the verdict, although the record does not disclose that these formalities were complied with, if it does not show the contrary.</p> <p>Id.—Burglary — Prior Conviction oe Larceny — Confession — Judgment. — Where upon a charge of burglary a prior conviction of larceny ia voluntarily confessed, and the jury then passes only upon the charge of burglary, and the judgment follows the verdict and confession of the defendant, it is in all respects regular, and if no error affirmatively appears in the record, the judgment must be affirmed.</p>