People v. Kerrick
This text of 52 Cal. 446 (People v. Kerrick) 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.
Opinion
In the charge to the jury the Court instructed them that “ all that is necessary in order to justify the jury in finding the defendant guilty is, that they shall be satisfied from the evidence of the defendant’s guilt to a moral certainty, and beyond a reasonable doubt, although they may not be entirely satisfied from the evidence that the defendant and no other person committed the alleged offense.” This instruction is almost identical with those which were held to be erroneous in People v. Phipps, 39 Cal. 326, and in People v. Padilla, 42 Cal. 535, and on the authority of these cases the judgment and order are reversed and the cause remanded for a new trial. Remittitur forthwith.
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Cite This Page — Counsel Stack
52 Cal. 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kerrick-cal-1877.