People v. Streuber

Citations

• 121 Cal. 431
• 53 P. 918
• 1898 Cal. LEXIS 927

Syllabus

<p>Oriminal Law—Instructions—Good Character.—It is proper to refuse to instruct the jury to the effect that, in a case otherwise doubtful upon the evidence, evidence of good character was conclusive of defendant’s innocence. Upon no conceivable facts is the court authorized to instruct the jury that the defendant’s innocence conclusively appears.</p> <p>Id.—Burden of Proof—Explanation of Circumstances—Erroneous Instruction.—An instruction that “it is not incumbent upon the defendant to prove his innocence, nor is it incumbent on him to explain suspicious circumstances, unless they shall tend in some degree to explain his guilt,” is erroneous. In no case, except where the burden of proof shifts to the defendant, is it incumbent upon him to explain anything; but he has the right to stand mute, and demand that the people make the case against him beyond a reasonable doubt. No presumption is raised against him by the law if he does not attempt to explain, and remains silent.</p> <p>Id.—Permitting Wife to Remain in House of Prostitution—Instructions—Union of Act and Intent—Signification of Statutory Words. Upon the trial of a defendant charged with the crime of allowing and permitting his wife to remain in a house of prostitution, an instruction requesting that in every crime there must be a joint union of act and intent could well have been given; but the refusal of it is harmless, where the court gave to the jury the signification of the words “permit” and “allow,” as used in the statute.</p>