People v. Cummings

Citations

• 113 Cal. 88
• 45 P. 184
• 1896 Cal. LEXIS 749

Syllabus

<p>Criminal Law—Instructions to Jury—Statement or Evidence—Constitutional Law.—A statement to the jury upon the trial of a criminal case of what the evidence tends to show is not an instruction as to matters of fact within the prohibition of section 9 of article VI of the constitution.</p> <p>Id.-Appeal—Presumption.—When the evidence is not returned upon appeal it will be presumed that it sustained the statement of the court to the jury of what the evidence tended to show.</p>