People v. Roberts

Citations

• 122 Cal. 377
• 55 P. 137
• 1898 Cal. LEXIS 591

Syllabus

<p>Criminal Law—Instruction Assuming Facts as Proved.—An instruction to the jury in a criminal case, which assumes that the crime charged is proven, or that certain facts are established by the evidence, is erroneous.</p> <p>Id.—Alibi—Reasonable Doubt—Erroneous Instruction.—A defendant accused of felony, who has introduced evidence tending to prove an alibi, is not required to prove it by a preponderance of evidence, or to the satisfaction of the jury, but it is sufficient if, upon the whole evidence relating to that subject, a reasonable doubt is raised as to the guilt of the defendant; and it is erroneous to instruct the jury that an alibi, “when satisfactorily proven, is a good defense in law,” and that if the jury “believe from all the evidence” introduced before them that the defendant “was not present at the time it was alleged or proven that the crime was committed, and therefore could not have committed the crime charged in the information, and did not aid or abet in its commission,” then they should find him not guilty. Id.—Evidence—Impeachment oe Witness—Form op Questions.— There is no inflexible rule as to the form of the questions to be put to witnesses called to impeach the general reputation of a witness for truth, honesty, and integrity, and objections going more to the form than the substance of such questions, if there is no such deviation from the general course to be followed, as marked out by the decisions of this court, as to result in injustice to the defendant, are not ground of reversal.</p>