The Pacific Reporter, Volume 230West Publishing Company, 1925 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 9
... instructions to punishment , and that the court erroneously refused other instructions requested by the defendant . The principal instruction com- 6. Homicide 332 ( 3 ) -Jury's failure to rec - plained of and which was given is as fol ...
... instructions to punishment , and that the court erroneously refused other instructions requested by the defendant . The principal instruction com- 6. Homicide 332 ( 3 ) -Jury's failure to rec - plained of and which was given is as fol ...
Page 10
... instruction is not erroneous . In the early case of People v . Jones , 63 Cal . 168 , it was held that the dis- cretion vested in the jury by said section 190 was not an arbitrary one . The instruction complained of was taken word for ...
... instruction is not erroneous . In the early case of People v . Jones , 63 Cal . 168 , it was held that the dis- cretion vested in the jury by said section 190 was not an arbitrary one . The instruction complained of was taken word for ...
Page 11
... instruction was therefore ap- plicable to the facts . [ 3 ] Prejudicial error is asserted because of the refusal of the court to instruct the jury that an officer has no authority to make an arrest for a misdemeanor without a warrant ...
... instruction was therefore ap- plicable to the facts . [ 3 ] Prejudicial error is asserted because of the refusal of the court to instruct the jury that an officer has no authority to make an arrest for a misdemeanor without a warrant ...
Page 13
... instruction held not error , in view of instruction given . Where court carefully and particularly in- structed that defendants could not be guilty un- less all specific elements of crime charged were found beyond a reasonable doubt ...
... instruction held not error , in view of instruction given . Where court carefully and particularly in- structed that defendants could not be guilty un- less all specific elements of crime charged were found beyond a reasonable doubt ...
Page 14
... instruction above set forth con- named : First , that the testimony is insuffi- tains within itself nothing ... instruction relating to the testimony of the defendants , it appears to be pretty well settled by the recent decisions of ...
... instruction above set forth con- named : First , that the testimony is insuffi- tains within itself nothing ... instruction relating to the testimony of the defendants , it appears to be pretty well settled by the recent decisions of ...
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Popular passages
Page 44 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 175 - No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the Legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens.
Page 31 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.
Page 32 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 372 - All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree; and all other kinds of murders are of the second degree.
Page 194 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Page 358 - ... it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further...
Page 263 - That carriers while under Federal control shall be subject to all laws and liabilities as common carriers, whether arising under State or Federal laws or at common law, except in so far as may be inconsistent with the provisions of this Act or any other Act applicable to such Federal control or with any order of the President.
Page 71 - Every person negotiating an instrument by delivery or by a qualified indorsement, warrants : 1. That the instrument is genuine and in all respects what it purports to be; 2.
Page 205 - ... it seems but reasonable and just that the neighbour who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...