People v. Kindleberger

Citations

• 100 Cal. 367
• 34 P. 852
• 1893 Cal. LEXIS 800

Syllabus

<p>Criminal Law—Trial—Disagreement of Jurors—Prejudicial Statement of Judge.—The action of the judge of the trial court in a criminal prosecution, in stating in answer to a statement of a juror that the jurors were unable to agree, that “in view of the testimony in this case the court is utterly at a loss to know why twelve honest men cannot agree in this case,” without advising an acquittal, would probably give the jury to understand that the judge believed the defendant guilty, and that such ought to be their verd'ct, and is prejudicial error.</p> <p>Id.—Error Not Cured.—Such error is not cured by the fact that in a subsequent part of the charge to the jury the judge informed them that they were the sole judges of fact and of the credibility of witnesses, and that the court had no right to trench upon their province in this respect.</p>