People v. McNabb

California Supreme Court

People v. McNabb

21 P. 843, 79 Cal. 419, 1889 Cal. LEXIS 744

CourtCalifornia Supreme Court

DecidedJune 1, 1889

DocketNo. 20538

StatusPublished

Cited by5 cases

This text of 21 P. 843 (People v. McNabb) 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. McNabb, 21 P. 843, 79 Cal. 419, 1889 Cal. LEXIS 744 (Cal. 1889).

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Opinion

Sharpstein, J.

Appellant was tried on a charge of murder, and convicted of manslaughter. He appeals from the judgment, and his contention here is that the court erred in its charge of the jury. The alleged error consists in the reading by the court of the opinion of this court in People v. Munn, 65 Cal. 211, and stating tó th-e jury that that case “was in many respects like the one at bar.”

Whether this statement was correct, we have not the means of verifying, as the evidence is not before us.

In the case of People v. Munn, the appellant had been [420]*420convicted of murder in the second degree, and this court held that the facts did not warrant his conviction of a higher offense than manslaughter. And it seems to us that the object of the court in reading the opinion in that case to the jury in this case was to impress on their minds that the defendant in this case should not be convicted of any higher offense than manslaughter, and not, as appellant’s counsel contends, that he should be convicted of manslaughter.

The reading of that case had better have been omitted. The practice of reading cases to juries is a dangerous one, and we advise against it.

In this case the appellant may have been benefited and not prejudiced by it. In the absence of the evidence, we cannot determine which, and therefore cannot reverse the judgment.

Judgment affirmed.

Beatty, C. J., Works, J., McFarland, J., and Thornton, J., concurred.

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Sharpstein, J.

Appellant was tried on a charge of murder, and convicted of manslaughter. He appeals from the judgment, and his contention here is that the court erred in its charge of the jury. The alleged error consists in the reading by the court of the opinion of this court in People v. Munn, 65 Cal. 211, and stating tó th-e jury that that case “was in many respects like the one at bar.”

Whether this statement was correct, we have not the means of verifying, as the evidence is not before us.

In the case of People v. Munn, the appellant had been [420]*420convicted of murder in the second degree, and this court held that the facts did not warrant his conviction of a higher offense than manslaughter. And it seems to us that the object of the court in reading the opinion in that case to the jury in this case was to impress on their minds that the defendant in this case should not be convicted of any higher offense than manslaughter, and not, as appellant’s counsel contends, that he should be convicted of manslaughter.

The reading of that case had better have been omitted. The practice of reading cases to juries is a dangerous one, and we advise against it.

In this case the appellant may have been benefited and not prejudiced by it. In the absence of the evidence, we cannot determine which, and therefore cannot reverse the judgment.

Judgment affirmed.

Beatty, C. J., Works, J., McFarland, J., and Thornton, J., concurred.

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Bluebook (online)

21 P. 843, 79 Cal. 419, 1889 Cal. LEXIS 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcnabb-cal-1889.

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