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People v. Brannon

Supreme Court of California
Oct 1, 1873
47 Cal. 96 (Cal. 1873)

Summary

In People v. Brannan, 47 Cal. 96, the jury had been told that they might convict, if " satisfied of the guilt of the defendant to such a moral certainty as would influence the minds of the jury in the important affairs of life. "

Summary of this case from People v. Sing

Opinion

         Appeal from the District Court of the Fifth Judicial District, County of San Joaquin.

         The defendant was indicted for the crime of murder, committed in the killing of Wm. H. Wall. The defense was that the killing was done in self-defense against a felonious assault by one Fisher, the shot by which the deceased was killed having been aimed at Fisher. The evidence was conflicting. The defendant was convicted of murder in the second degree and recommended to the mercy of the court.

         The appeal is from the judgment and from an order denying a new trial.

         COUNSEL:

         J. H. Budd, for Appellant, cited Section 1835, Code of Civil Procedure, and 5 Cushing, 320.

         Attorney-General Love, for the Respondent.


         OPINION          By the Court:

         There is evident error in the latter portion of the sixth instruction given at the request of the prosecution. The jury were told that it was their duty to convict if they should " be satisfied of the guilt of the defendant to such a moral certainty as would influence the minds of the jury in the important affairs of life."

         The judgment of a reasonable man in the ordinary affairs of life, however important, is influenced and controlled by the preponderance of evidence. Juries are permitted and instructed to apply the same rule to the determination of civil actions involving rights of property only. But in the decision of a criminal case involving life or liberty, something further is required. There must be more than a preponderance of evidence. There must be in the minds of the jury an abiding conviction, to a moral certainty, of the truth of the charge, derived from a comparison and consideration of the evidence. They must be entirely satisfied of the guilt of the accused.

         For the error of this instruction the case must be remanded for a new trial; and we do not deem it necessary to notice the other points made by appellant.

         Judgment reversed and cause remanded for a new trial.


Summaries of

People v. Brannon

Supreme Court of California
Oct 1, 1873
47 Cal. 96 (Cal. 1873)

In People v. Brannan, 47 Cal. 96, the jury had been told that they might convict, if " satisfied of the guilt of the defendant to such a moral certainty as would influence the minds of the jury in the important affairs of life. "

Summary of this case from People v. Sing

In People v. Brannon (1873) 47 Cal. 96 at page 97, the trial court instructed the jury to convict "if they should 'be satisfied of the guilt of the defendant to such a moral certainty as would influence the minds of the jury in the important affairs of life.' "

Summary of this case from People v. Escovar

In People v. Brannon (1873) 47 Cal. 96, the trial court instructed the jury that a guilty verdict was authorized if the evidence satisfied the jury of the accused's guilt to a" 'certainty as would influence the minds of the jury in the important affairs of life.' "

Summary of this case from People v. Ramirez

In People v. Brannon (1873) 47 Cal. 96 at page 97, the trial court instructed the jury to convict "if they should 'be satisfied of the guilt of the defendant to such a moral certainty as would influence the minds of the jury in the important affairs of life.' "

Summary of this case from People v. Escovar

In People v. Brannon (1873) 47 Cal. 96, upon which appellant relies, the trial court instructed the jury that a guilty verdict was authorized if the evidence satisfied the jury of the accused’s guilt to a “‘certainty as would influence the minds of the jury in the important affairs of life’” (Id. at p. 97.)

Summary of this case from People v. Cayado
Case details for

People v. Brannon

Case Details

Full title:THE PEOPLE v. JOHN BRANNON

Court:Supreme Court of California

Date published: Oct 1, 1873

Citations

47 Cal. 96 (Cal. 1873)

Citing Cases

People v. Moore

(Johnson I, supra, 115 Cal.App.4th at pp. 1171-1172.) The Johnson I court then cited People v. Brannon (1873)…

People v. Moore

]" ( Johnson I, supra, 115 Cal.App.4th at pp. 1171-1172.) The Johnson I court then cited People v. Brannon…