People v. Whitney

Citations

• 53 Cal. 420

Syllabus

<p>Instructions Presumed to be Correct. — When the record does not present any of the evidence upon a point to which an instruction relates, it will not be assumed that evidence was introduced which made it necessary to modify the instruction as given; but it will be assumed that the instruction was correct, if it was legal and proper in any conceivable state of the evidence legally admissible upon the point.</p> <p>Useless but not Erroneous Instruction. — An' instruction that “a juror has no right to disbelieve the evidence, as a juror, while he believes it as a man. If, therefore, from the evidence in the case, you believe as men that the defendant is guilty, you should as jurors believe him guilty,” is not erroneous, though it is useless.</p>