People v. Phipps

Citations

• 39 Cal. 326

Syllabus

<p>Criminal Peactice.—Indictment.—Description of Offense.—Though an indictment give an erroneous appellation, or fail to give any appellation, to the offense, if the' acts constituting the offense, as defined by the statute, are sufficientiy stated, the requirements of the Criminal Code, in that respect, are answered.</p> <p>Idem.—Circumstantial Evidence.—Where independent facts and circumstances are relied upon to identify the accused as the person committing the offense charged, each essential independent fact in the chain or series of facts relied upon to create a presumption of guilt must be established to a moral certainty, or beyond a reasonable doubt.</p> <p>Idem.—Instructions.—When the evidence against the accused is entirely circumstantial, and is conflicting in relation to a material fact going to make up the chain of circumstances, an instruction to the effect that “if the jury entertain a reasonable doubt as to the existence of such fact, the defendant must be acquitted,” is pertinent and appropriate, and should be given.</p> <p>Per Cbochett, J.:</p> <p>Instruction.—Criminal Practice.—In a criminal prosecution, an instruction from the Court to the jury, that they must convict, “ although they may not be entirely satisfied, from the evidence, that the defendant, and no other or different person, committed theoffense,” is erroneous.</p> <p>Evidence Necessary to Convict.—No conviction should be had unless the jury is “entirely satisfied,” from the evidence, that the defendant is guilty.</p>