People v. Hertz

Citations

• 105 Cal. 660
• 39 P. 32
• 1895 Cal. LEXIS 698

Syllabus

<p>Criminal Law—Instruction—Credibility of Witnesses—Relatives of Defendant.—An instruction to the jury in a criminal case upon the credibility of witnesses for the defendant, to the effect that, in judging the credibility of such witnesses, the jury are to take into consideration the fact that they were near akin or related to the accused, and that they could not be expected to say any thing unfavorable to the defendant, is erroneous.</p> <p>Id.—Credibility of Defendant—Principle Inapplicable to Relatives. An instruction to the jury bearing upon the credibility of a defendant’s testimony is not looked upon with favor by this court, and must be limited within the strictest lines; and the principle of such an instruction cannot be applied to the relatives of the defendant.</p> <p>Id.—Reception of Stolen Goods—Instruction as to Value.—The value of stolen goods alleged to have been knowingly received by the defendant is a question, of fact for the jury, and is a material element of fact in the case, as bearing upon the presence of guilty knowledge in the mind of the defendant when purchasing the stolen articles; and, where various estimates of value were given by the witnesses, for the court to assume in its instruction any specific statement of value higher than the lowest estimate given by any witness is to charge the jury in respect to a matter of fact, and is violative of the constitution of the state.</p> <p>Id.—Instructions—Argumentative Review of Circumstances Tending to Show Guilt.—A judge cannot be too cautious in a criminal trial in avoiding all interference with the conclusions of the jury upon the facts; and it is improper for the court to review argumentatively the circumstances tending to show the defendant’s guilt, so as to reveal the opinion of the court as to matters of fact bearing upon the question of defendant’s guilt.</p>