Stirgios

People v. Stirgios

Good Law
1913 Cal. App. LEXIS 188·23 Cal. App. 48·136 P. 957
Court of Appeal of CaliforniaOctober 15, 1913Crim. No. 450.California345 words

Opinion

lead Opinion

Lennon, J.

This is an appeal from a judgment of final conviction and from an order denying a new trial in a case wherein the defendant was convicted of the crime of burglary in the first degree.

The evidence upon the whole case not only warranted but compelled the conviction of the defendant.

The record does not support counsel for the defendant in the claim that certain incriminatory statements and admissions of the defendant were shown to be induced by duress and promise of reward. Upon this phase of the ease the most that can be said for the defendant is that the record shows a decided conflict in the evidence.

The law of the case generally was fully, fairly, and correctly covered by the trial court in its charge to the jury. If counsel for the defendant deemed it essential that the jury should be specifically instructed upon any particular phase of the case it was his privilege and duty to request such an instruction. In the absence of such a request the charge to the jury is not open to attack on the ground that it failed to specifically cover a particular point in the case which counsel for the defendant deemed pertinent and material to the question of defendant’s guilt or…

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