People v. Mitchell

Citations

• 55 Cal. 236

Syllabus

<p>Instep ctions—Evidence—Constitutional Law.—Upon the trial ol an indictment for burglary, the Court instructed the jury that the possession of the property by the defendant recently after it had been stolen, unless satisfactorily accounted for by the defendant, raised a presumption of his guilt. Held, that the instruction was in violation of the constitutional provision, which prohibits the Court from charging the jury with reference to matters of fact.</p>