People v. Williams

Citations

• 75 Cal. 306
• 17 P. 211
• 1888 Cal. LEXIS 536

Syllabus

<p>Criminal Law—Murder—Instructions—Assumption of Guilt.—In a prosecution for murder, an instruction which inadvertently assumes the guilt of the defendant is cured, if the court subsequently states to the jury that it did not intend to make any intimation as to the guilt of the defendant, and fully charges them as to the burden of proof, and as to the necessity of the prosecution proving every essential fact beyond a reasonable doubt.</p> <p>Id. —Instruction to Acquit—Malice. —An instruction asked by the defendant, to the effect that unless it was established by the evidence that the killing was unlawful and with malice aforethought the jury must acquit, is properly qualified by adding the words “ of the crime of murder.” Id.—Appeal—Instruction not Warranted bt Evidence.—On an appeal in such a case, an instruction upon the subject of insanity will not' be held unwarranted by any issue in the case, in the absence of a bill of éxception containing the evidence.</p>