People v. Wong Chow
California Supreme Court
People v. Wong Chow, 2 Cal. Unrep. 382 (Cal. 1884)
4 P. 763
People v. Wong Chow
Opinion of the Court
The eleventh instruction which the defendant requested to be given, and the court refused to give, to the jury, suggested a theory of the case which was not suggested by any of the instructions given, and we think the court erred in refusing to give it. The evidence, in our opinion, entitled the defendant to have that instruction given.
Judgment and order reversed, and cause remanded for a new trial.
Reference
- Full Case Name
- PEOPLE v. WONG CHOW
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Instructions'.—Where the Evidence Warrants an Instruction Suggesting a Theory not presented hy any other instructions given, it is the duty of the court to give the same at the request of one of the parties.