People v. Stanton

Citations

• 106 Cal. 139
• 39 P. 525
• 1895 Cal. LEXIS 580

Syllabus

<p>Criminal Law—Throwing op Vitriol—Assault.—An indictment for the willful and malicious throwing of vitriol, with intent to disfigure the body of another, includes an assault as a necessary element of the offense; but where every element of the offense charged is shown by the evidence, without contradiction, except the single element of intent, the court may properly refuse to instruct the jury that the defendant may be convicted of a simple assault, or of a mere attempt to commit’ the offense charged in the information.</p> <p>Id.—Review op Charge upon Appeal.—Although the charge of the court, taken as a whole, may be styled as argumentative, yet if there is nothing in it prejudicial to the appellant’s rights the judgment will not be reversed.</p> <p>Id.—Proper Characteristics op Charge to Jury.—The charge to the jury should be a plain statement of the law bearing upon the facts of the case, and should be so fair, impersonal, and well balanced that the jurors will be unable to deduce therefrom the opinion of the judge as to the guilt or innocence of the accused.</p>