Conboy

People v. Conboy

Good Law
15 Cal. App. 97·1910 Cal. App. LEXIS 9·113 P. 703
Court of Appeal of CaliforniaDecember 20, 1910Crim. No. 268.California2,261 words

Opinion

Lead Opinion

Kerrigan, J.

The defendant was informed against for. the crime of murder. He was tried and convicted of manslaughter. Thereupon he moved for a new trial, which was denied, and he was thereupon sentenced to serve a term of seven years in the state prison. This appeal is prosecuted from the judgment.

After the jury had been deliberating upon their verdict for seven and one-half hours, they returned into court at 11:30 P. M. and requested further instructions. In complying with this request the trial judge concluded the charge with the following remarks: “Now, gentlemen, I think I have read to you about all the instructions you desire upon these points, and I suggest to you that there is no reason why twelve, honest, intelligent, reasonable men should not reach a conclusion in this ease, and I am surprised that you have not done so already. And I want to say to you that you should consider the evidence offered and admitted here and the law as given you by the court, and decide this- case upon that, and not upon any personal observation or relations or experience that any of you may have had. Now, go out and do your duty.”

These remarks amounted to a plain intimation that the court thought the…

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