People v. Chin Yuen

The defendants were convicted of the crime of robbery, and appeal from the judgment, and from an order of the court denying their motion for new trial.

The crime was committed upon the person and in the room of Lai Sin, a Chinese woman. The defendants were two of five Chinamen present when the crime was committed. The only point made by the appellants’ counsel is that the court erred in refusing to give the following instruction: “I instruct that in order to justify a conviction of these defendants, or either of them, you must be satisfied beyond a reasonable doubt of the existence of every fact necessary to constitute the crime of robbery, and of identity of the defendants, or either of them, as the perpetrators or perpetra> tor. The evidence in a criminal case must satisfy the jury to a moral certainty and beyond a reasonable doubt—that is, must entirely satisfy the jury of the guilt of the defendants—before they can convict. If the jury are not entirely satisfied, they should acquit.” This instruction was refused by the court on the ground, in effect, that, in the passage italicized, it ignored the fact that the defendants may have been guilty as accomplices, and was…