People v. Fice

Citations

• 97 Cal. 459
• 32 P. 531
• 1893 Cal. LEXIS 567

Syllabus

<p>Criminal Law — Robbery — Alibi — Identity of Robber — Conflict of Evidence—-Effect of Verdict.—In a criminal prosecution for robbery, where there was positive evidence before the jury on the part of several witnesses that the defendant was the individual who committed the offense charged, a verdict of guilty must be deemed to have determined any conflict of evidence concerning the defense of alibi, or as to the identity of the robber with the person accused.</p> <p>Id. — Neglect to Request Instruction Omitted. — The failure of the court, in a criminal prosecution, to instruct the jury upon any proposition deemed essential by the defendant is not error, where no request is made for such instruction.</p> <p>Id.—New Trial—Newly Discovered Evidence — Counter-affidavits — Discretion. — It is not an abuse of discretion for the trial court to deny a motion for a new trial in a criminal prosecution, made upon the ground of newly discovered evidence, where the affidavits offered in support thereof are fully contradicted by counter-affidavits on the part of the prosecution.</p> <p>Id. — Denial of New Trial — Additional Affidavit of New Evidence. — Where the court has already denied a motion for a new trial, a motion of the defendant to he allowed to file an additional affidavit in support of his motion, upon the ground of newly discovered evidence, is properly refused, especially where no affidavit of the witness by whom the facts could be shown was introduced.</p>