California Courts of Appeal, 1928

People v. Beck

California Courts of Appeal · Decided December 4, 1928

272 P. 797; 95 Cal. App. 257; 1928 Cal. App. LEXIS 464

Cases that cite this one

3 later published cases cite this decision.

In re Ferguson (Cal. Ct. App. 1965)
People v. Thompson (Cal. Ct. App. 1932)
People v. Negrón Rodríguez (Supreme Court of Puerto Rico 1952)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

THE COURT.

The defendant was charged, under subdivision one of section 261 of the Penal Code, with the crime of rape. He was found "guilty as charged in the information" and was thereupon sentenced to imprisonment in the state prison. He has appealed from the judgment and the order denying his motion for a new trial.

[1] The court failed to instruct the jury "to recommend by their verdict whether the punishment shall be by imprisonment in the county jail or in the state prison," as provided by section264 of the Penal Code, but instructed the jury that "the question of punishment is one exclusively for the court and with which a jury has no concern and which a jury has no right to consider." This was prejudicial error requiring a reversal. (People v.Currie, 93 Cal.App. 544 [269 P. 770]; People v. Sachau,78 Cal.App. 702 *Page 258 [248 P. 960]; People v. Rambaud, 78 Cal.App. 685 [248 P. 954].)

The judgment and the order are reversed and a new trial ordered.

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