People v. Eckert

Citations

• 19 Cal. 603

Syllabus

<p>In this case—indictment for larceny in stealing a cow—it was material for the prosecution to prove, among other things, that Vance & Reed sold the cow to Baker & Baker in order to identify her with the cow sold by defendant to one W., and thus to show that defendant had stolen her from Baker & Baker : Held, that tiie Court below erred in refusing to instruct the jury, as asked by defendant, that if they had reasonable doubt of Vance & Reed selling to the Bakers the cow which defendant sold to W., they must give defendant the benefit of the doubt, and find him not guilty.</p> <p>In such case defendant has the right to ask an instruction based upon doubt as to the particular fact essential to conviction, notwithstanding the Court may have given a general instruction that if the jury have a reasonable doubt as to defendant’s guilt, they will acquit.</p>