| Cal. | Jul 1, 1856

The opinion of the Court was delivered by Mr. Chief Justice Murray.

Mr. Justice Terry concurred.

On the trial of this cause, the Court charged the jury orally, without the consent of parties.

This was error by the provisions of the first section of an Act, passed May 7, 1855, amendatory of an Act to regulate criminal proceedings. The rule prescribed by the statute is mandatory and not directory.

Judgment reversed and new trial ordered.

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