People v. Sansome

Citations

• 84 Cal. 449
• 24 P. 143
• 1890 Cal. LEXIS 821

Syllabus

<p>Criminal Law — Prior Conviction—Beading Confession to Jury.— Where an indictment or information for felony charges a prior conviction, which the defendant has confessed, it is clearly erroneous to require the whole indictment, including the charge and confession of prior conviction, to be read to the jury.</p> <p>Id.—Waiver of Error — Proof of Pardon.—Such error is not waived by proof on the part of the defendant that he was pardoned for the offense, the prior conviction of which had been charged against him in the indictment.</p> <p>Id. — Curing Error—Instruction.—Nor is such error cured by an instruction to the jury that they have nothing to do with the prior conviction, but only to determine whether the offense charged was committed by the defendant.</p> <p>Id.—Bobbery—Evidence of Possession of Burglars’ Tools.—Upon the trial of a defendant accused of stage robbery, committed in Placer County, and charged with a prior cohviction of burglary, it is not competent to introduce evidence that burglars’ tools were found in his possession, forty-one days after the robbery, in Sacramento, it not appearing that the robbery was committed by aid of such tools, and the evidence being conflicting and wholly circumstantial as to defendant’s connection with the robbery.</p> <p>Id.—Circumstantial Evidence—Instruction as to Probabilities.— It is erroneous to instruct the jury in a criminal case, where the evidence is circumstantial, that “when direct evidence cannot be produced, minds will act on the probabilities of the case, and that they should be governed by the superior number of probabilities on the side of the people or the defendant.” (Per McFarland, J.)</p> <p>Id. — Instruction as to Degree of Certainty. — An instruction that, “in order to convict, the circumstantial evidence should be such as to produce nearly the same degree of certainty as that which arises from direct testimony,” commented on and criticised. (Per McFarland, J.)</p>