People v. King

Citations

• 27 Cal. 507

Syllabus

<p>Pleading in Criminal Actions.—The criminal code of California has worked the same change in pleading in criminal actions which has been wrought by the civil code in civil cases.</p> <p>Indictment for Murder.—In an indictment for murder it is not necessary to aver the means by which the homicide was committed, or the nature and extent of the wound, or the part of the body upon which it was inflicted.</p> <p>Statement of Degree of Murder in Indictment.—An indictment for murder should not designate the degree of the murder. If the indictment does state the degree of the murder, it does not vitiate it, but the statement of the degree may be treated as surplusage.</p> <p>Implied Bias of Juror.—In order to render a juror called in a criminal case incompetent on the ground of implied bias, it must appear that he entertains a fixed and settled conviction of the guilt or innocence of the defendant, or that ho has expressed such conviction.</p> <p>Charge of Judge on Weight of Evidence.—Under our Constitution the Judge, in his charge to the jury, cannot express his opinion upon the weight of evidence. He may, however, state the evidence to the jury, and declare the law resulting from the facts proven, and when there is no evidence as to a particular fact or issue, he may so state to the jury.</p> <p>Charge of Judge on Evidence.—If on a trial for murder there is no evidence of facts and circumstances such as would, under the law, reduce the crime charged to manslaughter, the Judge may so inform the jury, and may charge them that they cannot consider the question of manslaughter.</p> <p>Charge of Court presumed Correct unless Error Shown.—If there is no statement or bill of exceptions embodying the evidence, or declaring its purport and tendency, the appellate Court will presume in favor of the correctness of the charge of the Judge to the jury, unless the charge is manifestly erroneous under any and every conceivable state of facts.</p> <p>Intoxication when Homicide is Commi