People v. Padillia

Citations

• 42 Cal. 535

Syllabus

<p>In a Criminal Case the Evidence Must Appear in a Bill op Exceptions.—Where a motion for a new trial is granted, on the ground that the evidence was insufficient to justify the verdict, the only manner in which the question as to the sufficiency of the evidence can be presented to the Supreme Court is by a bill of exceptions, duly settled and certified by the Judge who tried the cause.</p> <p>Construction op Statute Relative to District Court Reporters.— It was not intended by the Act concerning District Court Reporters (Stats. 1865-6, p. 232), that the report of the testimony, transcribed into longhand from the reporter’s notes, should be a substitute for the bill of exceptions. Such report is only prima facie a correct statement of the evidence and proceedings therein contained, while a bill of exceptions imports absolute verity, and is not to be taken as merely prima facie correct.</p> <p>Duty op Attorneys and Court as to Report op Testimony.—Before incorporating the reporter’s transcript of the testimony in a bill of exceptions it is the duty of attorneys to eliminate from it all matter not necessary or proper to illustrate the points to be presented on the appeal. The Judge of the Court should not permit the report to be used until it has been revised by him.</p> <p>Transcript to Show Appidavits were Used.—Where, on an appeal from an order granting a new trial, there is no evidence to show that the affidavits contained in the transcript were used or referred to on the hearing of the motion for a new trial, they will not be considered by the Supreme Court.</p> <p>Incorrect Instruction to be Considered.—Alleged errors in the instructions given to the jury may be considered on appeal, in the absence of testimony, if the instructions are incorrect in every conceivable state of the evidence.</p> <p>Instruction as to Circumstantial Evidence.—In order to convict on circumstantial evidence, the evidence should be such as to produce nearly the same degree of certainty