People v. McNabb
People v. McNabb
Opinion of the Court
Appellant was tried on a charge of murder, and convicted of manslaughter. He appeals from the judgment, and his contention here is that the court erred in its charge of the jury. The alleged error consists in the reading by the court of the opinion of this court in People v. Munn, 65 Cal. 211, and stating tó th-e jury that that case “was in many respects like the one at bar.”
Whether this statement was correct, we have not the means of verifying, as the evidence is not before us.
In the case of People v. Munn, the appellant had been
The reading of that case had better have been omitted. The practice of reading cases to juries is a dangerous one, and we advise against it.
In this case the appellant may have been benefited and not prejudiced by it. In the absence of the evidence, we cannot determine which, and therefore cannot reverse the judgment.
Judgment affirmed.
Beatty, C. J., Works, J., McFarland, J., and Thornton, J., concurred.
Reference
- Full Case Name
- THE PEOPLE v. THOMAS McNABB
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Criminal Law—Instructions — Reading Opinion to Jury — Review on Appeal. —The practice of reading opinions in other cases to the jury-as- part of the charge of the court in a criminal case is a dangerous one, and is advised against. But where the evidence does not appear in the record, and there is nothing to show whether the defendant was benefited or prejudiced by such practice, the judgment will not be reversed therefor.