People v. White

Citations

• 116 Cal. 17
• 47 P. 771
• 1897 Cal. LEXIS 500

Syllabus

<p>Criminal Law—Burglary—Ownership of House—Variance.—Where an indictment charged a burglarious entry of a house belonging to John Doe, whose real name is unknown, etc., and the proof showed that the house belonged to a woman, there is no material variance between the indictment and the proof as to the ownership of the house.</p> <p>Id.—Reasonable Doubt—Instruction.—Where no instruction on the subject of reasonable doubt is refused, and instruction given to the effect that it “means precisely what the words import—a fair doubt growing out of the evidence, or want of evidence, in the case, based upon reason and common sense,” and that “it is such a doubt as may leave the minds of the jury, after they have considered all the evidence in the case, in that state that they cannot say they feel an abiding conviction to a moral certainty of the truth of the charge,” though perhaps not so full and clear as the oft-approved definition of Chief Justice Shaw, is nevertheless free from error.</p>