People v. Thompson

Citations

• 115 Cal. 160
• 46 P. 912
• 1896 Cal. LEXIS 988

Syllabus

<p>Criminal Law—Separate Appeals—Law of Case—New Trial Order— Review of Instructions.—When an appeal separately taken from the judgment in a criminal ease is decided only upon questions arising upon demurrer to the information, and the instructions were not in fact presented or passed upon, the rule of the law of the case does not forbid the review of the instructions upon a separate appeal from an order denying a new trial, notwithstanding they might have been presented and reviewed upon the appeal from the' judgment; and, in such case, the defendant may prosecute both appeals, though he can have but one decision on the same point.</p> <p>Train-wrecking — Erroneous Instruction — Robbery. —Where a defendant is charged with the crime of derailing a railroad train, and unlawfully boarding the train with intent to rob the same, it is error to instruct the jury that they should find the defendant guilty if he boarded the express-car, and with force and violence robbed the messenger of money in his custody.</p> <p>Id.—Inapplicable Instruction.—It is error to give an instruction which is inapplicable to the case, and which assumes the existence of evidence not given.</p>