People v. Morino

California Supreme Court

People v. Morino

53 Cal. 67

CourtCalifornia Supreme Court

DecidedJuly 1, 1878

DocketNo. 10,331

StatusPublished

This text of 53 Cal. 67 (People v. Morino) 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. Morino, 53 Cal. 67 (Cal. 1878).

Pincite

Opinion

By the Court :

The Court below erred in refusing the instruction asked by defendant’s counsel: “ Before the jury can convict defendant, they must 'be entirely satisfied, and beyond a reasonable doubt, that deceased, Gardiner, died from the effect of wounds inflicted by defendant, and did not die from any other cause.”

In a criminal case the jury must be satisfied beyond a reasonable doubt that every fact essential to constitute the offense charged has been proved.

Judgment and order reversed, and cause remanded for a new trial.

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By the Court :

The Court below erred in refusing the instruction asked by defendant’s counsel: “ Before the jury can convict defendant, they must 'be entirely satisfied, and beyond a reasonable doubt, that deceased, Gardiner, died from the effect of wounds inflicted by defendant, and did not die from any other cause.”

In a criminal case the jury must be satisfied beyond a reasonable doubt that every fact essential to constitute the offense charged has been proved.

Judgment and order reversed, and cause remanded for a new trial.

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Bluebook (online)

53 Cal. 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-morino-cal-1878.