People v. Neber

Citations

• 125 Cal. 560
• 58 P. 133
• 1899 Cal. LEXIS 901

Syllabus

<p>Criminal Law—Charge to Jury—Conditions and Limitations.— Each sentence of a charge to the jury in a criminal case need not contain all the conditions and limitations to be gathered from the entire text.</p> <p>Id.—Burglary—Charge as to Possession oe Stolen Property-Matter of Pact.—A charge to the jury upon the trial of an accusation of burglary with intent to commit larceny, in reference to the possession of stolen goods, which at the outset showed that it was based hypothetically upon the fact of such possession being established beyond a reasonable doubt, does not proceed to charge the jury upon matters of fact, because such hypothesis is not repeated in the subsequent discussion of the effect of evidence of such possession, and as to when it is to be considered as a circumstance in connection with other circumstances in the case in arriving at a verdict.</p> <p>Id.—Caution to Juey.—Such charge could not mislead the jury when they were in a subsequent part of the charge expressly cautioned against understanding the court as intimating any opinion upon any fact in the case, or upon the weight of the evidence.</p>