Opinion
Appeal from the District Court of the Tenth Judicial District, Colusa County.
The defendant was tried and convicted of the crime of murder, whereupon he appealed. The other facts are stated in the opinion.
COUNSEL:
A. L. Hart, for the Appellant.
Attorney-General Hamilton, for the People.
OPINION By the Court:
The Court below erred in refusing the instruction asked by defendant's counsel: " Before the jury can convict defendant, they must be entirely satisfied, and beyond a reasonable doubt, that deceased, Gardiner, died from the effect of wounds inflicted by defendant, and did not die from any other cause."
In a criminal case the jury must be satisfied beyond a reasonable doubt that every fact essential to constitute the offense charged has been proved.
Judgment and order reversed, and cause remanded for a new trial.