People v. Guance

57 Cal. 154
CourtCalifornia Supreme Court
DecidedJuly 1, 1880
DocketNo. 10,523
StatusPublished
Cited by1 cases

This text of 57 Cal. 154 (People v. Guance) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Guance, 57 Cal. 154 (Cal. 1880).

Opinion

The Court :

On the trial of this case, the Court below instructed the jury as follows:

“If the jury find from the evidence,that the defendant killed the deceased, as alleged in the indictment, or that, being present, he aided others in the unlawful killing of the deceased, and that such killing was with malice aforethought, you will find the defendant guilty of murder in the first degree.”

The defendant was found guilty of murder in the first degree, and on this appeal assigns as error the foregoing instruction. The instruction was erroneous. (People v. Long, 39 Cal. 695; People v. Valencia, 43 id. 552; People v. Doyell, 48 id. 85.) Judgment and order reversed, and new trial ordered.

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Related

State v. Wong Fun
40 P. 95 (Nevada Supreme Court, 1895)

Cite This Page — Counsel Stack

Bluebook (online)
57 Cal. 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-guance-cal-1880.