| California - 1874 - 712 páginas
...Court must order a new trial. Jurytofind 1157. Whenever a crime is distinguished into decrime, grees, the jury, if they convict the defendant, must find the degree of the crime of which he is guilty. NOTE.— Stats. 1856, p. 219, Sec. 2. In The People vs. Campbell, October Term, 1870 (40 Cat., p. 1ST),... | |
| California, Theodore Henry Hittell - 1876 - 986 páginas
...their satisfaction, the court must order a new trial. 14.157. Jury to find degree of crime. SEC. 1157. ts, deprives of necessary sustenance, 14.158. Verdict on charge of previous conviction. SEC. 1158. Whenever the fact of a previous conviction... | |
| Utah - 1878 - 238 páginas
...crime is distinguished into degrees, the Jury, if they convict the defendant, crime, jury . . De ri _ t must find the degree of the crime of which he is guilty. De ri _ t to SEC. 301.—Thev [The] Jurv may find the de-. f i , -ij. e if J.-L. • • ,.J ur y nm... | |
| California - 1881 - 940 páginas
...282; 15 Ark. 624; 3 Kail. 450; 23 Tex. 210; see contra, 72 Dl. 37. See NEW TEIAL, post, 5 1181. 1157. Whenever a crime is distinguished into degrees, the...find the degree of the crime of which he is guilty. Degree of crime.— The verdict should determine the degree of the crime— 52 Cal. 454; 40 Id. 137;... | |
| California - 1881 - 820 páginas
...satisfaction, the court must order a new trial. 1. Verdict Contrary to Evidence. — Sec. 1181, n. 6. 1157. Whenever a crime is distinguished into degrees, the...find the degree of the crime of which he is guilty. 1. Specification of Degree.— When the offense charged is distinguished into degrees, and the jury,... | |
| Oliver Lorenzo Barbour - 1883 - 840 páginas
...Penal Code— Whenever a crime is distinguished into degrees, the jury, if they convict the prisoner, must find the degree of the crime, of which he is guilty. (§10.) Upon the trial of an indictment, the prisoner may be convicted of the crime charged therein,... | |
| 1922 - 1158 páginas
...preconceived intent to kill." It is provided by suction 1167 oí the Penal Code that— are prin"Whenever a crime Is distinguished into degrees, the jury, if...find the degree of the crime of which he is guilty." Because of this Code provision, it Is claimed that the court, In compliance with defendant's special... | |
| 1884 - 1268 páginas
...guilty of. By section 1157 of the Penal Code, it is provided that "whenever a criine is distinguishable into degrees, the jury, if they convict the defendant,...find the degree of the crime of which he is guilty." It is unnecessary to decide whether the verdict is or is not sufficient. We are not required to pass... | |
| 1885 - 704 páginas
...directs : " Whenever a crime is distinguished into degrees, the jury, if they convict the prisoner, must find the degree of the crime of which he is guilty." This applies just as well to a conviction by the court of Special Sessions as to that of a jury. II.... | |
| New York (State) - 1884 - 1000 páginas
...crime. — Whenever a crime is distinguished into degrees, the jury, if they convict the prisoner, must find the degree of the crime of which he is guilty. 8R. S., 995, §48; 2 BS (Edm.), 702, $27; Code Crim. Pro, §444. (a) Degree inferior to that charged.... | |
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