Lockwood

Mr. Justice Terry concurred.

The evidence taken on the trial below is not properly certified to us; hence the only question which we can examine is the one presented by the judgment roll, and the instructions refused by the Court. Upon this point we desire to be understood, that in every criminal case the instructions given and refused should be so marked and signed by the Judge who tried the cause. Any other rule would enable the clerk to make or certify errors, and is too loose and uncertain a practice to be countenanced.

The instructions in this case are simply marked refused, without the name of the Judge, and for aught we know, he may never have seen or passed upon them. The propriety of this rule of practice is fully sustained by the decision in the case of Johnson v. Sepulbeda, 5 Cal. *206 Rep. We have no desire, however, to make the prisoner the first victim in establishing the rule, and only intimate it for future purposes.

Granting, then, that the instructions are properly before us, they were properly refused. The middle name was not a part of the deceased's name, and although a person may have more than one Christian name, still it will be sufficient if he be…