People v. Bourke

Citations

• 66 Cal. 455
• 6 P. 89
• 1885 Cal. LEXIS 468

Syllabus

<p>flRTivTTN'AT, Law—Instructions—Refusal to Give when- Hot Ground for Reversal.—The action of the trial court in refusing to give an instruction requested by the defendant, the correctness of which depended upon the evidence, cannot be reviewed by the appellate court in the absence of the evidence and the instructions given.</p> <p>Id—Oral Charge—Presumption.—Where the record on appeal is silent as to whether an oral charge given to the jury was taken down by the phonographic reporter, the legal presumption is that it was so taken down, and to overcome this presumption, the defendant must make an affirmative showing to the contrary.</p>