Summary
In People v. Cohn, 76 Cal. 386, [18 P. 410], where the court was by the defendant asked but refused to instruct the jury that "The burden is upon the prosecution of establishing every element of the crime of which the defendant may be convicted, beyond a reasonable doubt," and also "omitted to give any other instruction of a like character, or stating or bearing upon the rule as to reasonable doubt in criminal cases," the supreme court reversed the judgment.
Summary of this case from People v. KellyOpinion
Appeal from a judgment of the Superior Court of Los Angeles County, and from an order refusing a new trial.
COUNSEL:
Robert Hardie, for Appellant.
Attorney-General Johnson, for Respondent.
JUDGES: In Bank. McKinstry, J. Thornton, J., Sharpstein, J., McFarland, J., Searls, C. J., and Paterson, J., concurred.
OPINION
McKINSTRY, Judge
The defendant asked the court to instruct the jury: "The burden is upon the prosecution of establishing every element of the crime of which the defendant may be convicted, beyond a reasonable doubt." Through inadvertence, or for some reason which does not appear in the record, the court refused to give the instruction requested, and omitted to give any other instruction of a like character, or stating or bearing upon the rule as to reasonable doubt in criminal cases. Defendant took proper exception to the refusal of the court to give the instruction requested.
Judgment and order reversed, and cause remanded for a new trial.