People v. Beeler
California Supreme Court
People v. Beeler, 6 Cal. 246 (Cal. 1856)
1856 Cal. LEXIS 114
Murray
People v. Beeler
Opinion of the Court
Mr. Justice Terry concurred.
On the trial of this cause, the Court charged the jury orally, without the consent of parties.
This was error by the provisions of the first section of an Act, passed May 7, 1855, amendatory of an Act to regulate criminal proceedings. The rule prescribed by the statute is mandatory and not directory.
Judgment reversed and new trial ordered.
Reference
- Full Case Name
- THE PEOPLE v. BEELER
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- In a criminal trial it is error for the Court to charge the jury orally without the consent of the parties. Section first of the Act of 1855, amendatory to the Act regulating criminal proceedings, is mandatory and not directory.