People v. Knutte

Citations

• 111 Cal. 453
• 44 P. 166
• 1896 Cal. LEXIS 605

Syllabus

<p>Criminal Law—Obtaining Property Under False Pretenses—Insufficiency of Evidence—Direction of Verdict—New Trial—Discretion.—Upon the trial of a defendant accused of obtaining money under false pretenses, where the court was of the opinion that the evidence was insufficient to justify a verdict of conviction, and in its instructions advised the jury to acquit the defendant, it has discretion to set aside a verdict of conviction, as being contrary to the evidence, and to grant a new trial on that ground; and its discretion in so doing will not be interfered with upon appeal in the absence of a very clear showing of abuse of discretion; nor is it material that the evidence was wholly that of the prosecution, and was not conflicting, nor that it might have a legal tendency to prove all the material facts, if the court is of the opinion that the guilt of the defendant was not proved beyond a reasonable doubt.</p>