People v. Flood

Citations

• 102 Cal. 330
• 36 P. 663
• 1894 Cal. LEXIS 645

Syllabus

<p>Appeal—Review op New-trial Order—Opinion op Judge—Instruction—Insufficiency of Evidence. —Where a motion for a new trial is made upon several grounds, and the order is general in its terms, and does not specify or limit the grounds upon which it was made, the appellate court, in reviewing the order, will not be limited by an opinion of the judge, though made a part of the bill of exceptions, in which he holds that he committed an error in giving a certain instruction to the jury; and if one of the grounds of the motion for a new trial is that it was contrary to evidence, the order granting the motion will not be reversed, unless it appears that the discretion of the court to grant a new trial for insuEciency of the evidence has been abused.</p>