People v. Cheong Foon Ark

Citations

• 61 Cal. 527
• 1882 Cal. LEXIS 658

Syllabus

<p>Larceny — Definition — Instruction.—The Court instructed the jury: “Grand larceny is the stealing, taking, or carrying away the personal property of another of the value of more than fifty dollars.” Held: The charge was erroneous in omitting the word felonious.</p> <p>Id.—Evidence—Reasonable Doubt—Burden of Proof.—The Court further instructed the jury: “ The prosecution in a criminal ease is bound to make out its case beyond a reasonable doubt; a mere preponderance of testimony is not sufficient; a preponderance of testimony is sufficient, as I understand the decisions of the Supreme Court, to make out the innocence of the defendant.”</p> <p>Held: The Court misunderstood the rule as laid down by-the Supreme Court. It is a cardinal rule in criminal cases that the burden of proof rests on the prosecution. It would manifestly be shifting this burden from the prosecution to the defendant to require the latter to establish his defense by a preponderance of evidence, and would deprive him of the doctrine of reasonable doubt, to the benefit of which he is justly and everywhere held entitled.</p> <p>Id.—Id.—Id.—It was error in the Court to refuse the following instruction: “The evidence in a criminal case must satisfy the jury to a moral certainty and beyond a reasonable doubt—that is, it must entirely satisfy the jury—of the guilt of the defendant before they can convict. If the jury are not entirely satisfied they should acquit.”</p>