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

By 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.