Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 11Bancroft-Whitney Company, 1910 - Law reports, digests, etc |
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Page 43
... INSTRUCTION AS TO ALIBI . - An instruction on the subject of alibi , contended for by the defendant to the effect that such contention , " if established , is a perfect refutation of any crime charged . Such contention being interposed ...
... INSTRUCTION AS TO ALIBI . - An instruction on the subject of alibi , contended for by the defendant to the effect that such contention , " if established , is a perfect refutation of any crime charged . Such contention being interposed ...
Page 44
... INSTRUCTION TO BE CONSTRUED TOGETHER - BURDEN OF PROOF REASONABLE DOUBT - ESTABLISHMENT OF ALIBI . - The instructions are to be construed together , and where correct instructions were given as to the burden of proof and reasonable ...
... INSTRUCTION TO BE CONSTRUED TOGETHER - BURDEN OF PROOF REASONABLE DOUBT - ESTABLISHMENT OF ALIBI . - The instructions are to be construed together , and where correct instructions were given as to the burden of proof and reasonable ...
Page 56
... instruction , his criticism thereof being that it assumes the proof of the crime charged against him : " It is ... instruction for the reason stated is based upon the hypothesis that the word " homicide " is synonymous in meaning with ...
... instruction , his criticism thereof being that it assumes the proof of the crime charged against him : " It is ... instruction for the reason stated is based upon the hypothesis that the word " homicide " is synonymous in meaning with ...
Page 57
... instruction , when considered with the several instructions upon the burden of proof and reasonable doubt , should be so construed . The rule is that if the defendant introduces sufficient proof upon the contention of an alibi to raise ...
... instruction , when considered with the several instructions upon the burden of proof and reasonable doubt , should be so construed . The rule is that if the defendant introduces sufficient proof upon the contention of an alibi to raise ...
Page 58
... instruction that an alibi should be " established , " but , as declared , the word as so used should be interpreted and the instruction construed by the light of the other instructions , and as so construed and as undoubtedly it was ...
... instruction that an alibi should be " established , " but , as declared , the word as so used should be interpreted and the instruction construed by the light of the other instructions , and as so construed and as undoubtedly it was ...
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Common terms and phrases
affidavit affirmed agreement alleged amended answer attorney authority averments bill of exceptions cause of action charged circumstances Civil Code Civil Procedure claim Code of Civil Company complaint concurred constitution contract corporation crime damages deceased declared deed default defendant defendant's demurrer dismiss district district attorney effect entitled evidence execution facts fendant filed finding ground held homestead instruction issue Judge judgment and order jurisdiction jury land larceny Lassen County legislature Los Angeles County matter ment mortgage motion nonsuit oakum offense opinion order denying ordinance owner paid party payment person petitioner plaintiff pleaded prosecution purchase question reason record refused Respondent rule Shasta County statement statute Stock Food sufficient Superior Court supreme court sustained testified testimony therein thereof Third Appellate tiff tion trial court trust verdict witness writ
Popular passages
Page 4 - When the contempt is not committed in the immediate view and presence of the court, or of the judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officers.
Page 363 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors; Regulating the practice in courts of justice...
Page 197 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 516 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page 656 - That for and in consideration of the sum of one dollar cash in hand paid by the party of the second part to the party of the first part...
Page 230 - ... in the county in which the defendants, or some of them, reside at the commencement of the action...
Page 60 - It is only necessary that the act of killing be preceded by a concurrence of will, deliberation, and premeditation on the part of the slayer ; and, if...
Page 489 - Consent is deemed to be fully communicated between the parties as soon as the party accepting a proposal has put his acceptance in the course of transmission to the proposer, in conformity to the last section.
Page 771 - Partnership is the association of two or more persons, for the purpose of carrying on business together, and dividing its profits between them.
Page 762 - Involuntary — In the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.