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Reports of Cases Determined in the Courts of Appeal of the State of California (Volume 48)

Reports of Cases Determined in the Courts of Appeal of the State of California (Volume 48)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1922 Excerpt: ... CEIMINAL LAW (Continued). the instructions to the jury to point out the particular act of those shown as being the one at which the charge in the indictment was directed. (People v. Ruiz, 93.) 42. WITHDRAWAL OP PLEA--DISCRETION OP TRIAL COUBT--APPEAL.-- An application to withdraw a plea of guilty and substitute a plea of not guilty is addressed to the discretion of the trial court, and its ruling thereon will not be disturbed in the absence of a clear abuse of discretion. (People v. Cosgrove, 710.) 43. Mukdeb--Determination Op Degree Op Crime--Second Ar Raignment--Sufficiency Op Prior Determination.--The trial court, following the defendant's plea of guilty, having taken evidence and having determined therefrom prior to the pronouncement of judgment that the defendant was guilty of murder in the first degree, but such judgment having been vacated on motion, on the second arraignment of the defendant it was not necessary that the trial court again examine into the evidence and determine anew the degree of the crime prior to pronouncing the second judgment. (Id.) 44. Degree Op Crime;--Evidence--Finding.--In this prosecution for the crime of murder, in which the defendant pleaded guilty, the evidence before the trial court was such as to justify it in determining that the defendant, was guilty of murder in the first degree. (Id.) 45. Grand Larceny--Verdict--Insufficiency Op Evidence.--In this prosecution for the crime of grand larceny, while the evidence was sufficient to show that there was available to the accused some opportunity to commit and to generate a suspicion that he might have committed the crime, the evidence was wholly insufficient to support the verdict of guilty. (People v. Silva, 728.) 46. Circumstances Compatible With Innocence--Reasonable Do...


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Product Details
  • ISBN-13: 9781154246001
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 340
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1154246000
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 608 gr


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