People v. Muhlner

Citations

• 115 Cal. 303
• 47 P. 128
• 1896 Cal. LEXIS 1010

Syllabus

<p>Criminal Law—Homicide—Verdict of Manslaughter—Proof of Murder—Error in Granting New Trial.-—Upon an accusation for murder, the jury has the right to bring in a verdict of manslaughter, and a new trial cannot be granted to the defendant on the sole ground that the crime proved was that of murder.</p> <p>Id.—Error Favorable to Defendant.—A verdict should not be set aside and a new trial granted on motion of the defendant, except for some omission or error prejudicial to him; and a new trial cannot be granted where the verdict is for a less degree of the offense charged than the evidence proves, or where the determination of his case was more favorable to the defendant than the evidence warranted.</p> <p>Id.—Acquittal of Murder.—A verdict of manslaughter is the equivalent of a verdict of not guilty of the charge of murder, and the defendant, after such verdict, cannot be again tried upon the charge of murder,</p>