No. 10,074 | Cal. | Jul 1, 1874
The writing purporting to be a statement of evidence, cannot be regarded. It constitutes no part of the Bill of Exceptions certified by the County Judge.
The amended challenge was denied by the District Attorney, and the only witnesses examined at the trial of the issue thus made were the Sheriff and his Under Sheriff, Potter. The County Court overruled the challenge, and we do not think this ruling should be disturbed.
Nor was there any error in overruling the challenges to the jurors Lockwood and Sigourney. That the former was unable accurately to define the word “ qualified,” does not prove that he was disqualified.
The appellant has separated from that which precedes and follows it, the following language in the charge of the Court: “If you believe, from the evidence, that the defendant was found in possession oi the mare described in the indictment, after the alleged taking, this is a circumstance tending to show guilt, but not sufficient, standing alone and unsupported by other evidence, to warrant you in finding him guilty; there must, in addition to proof of the possession of stolen property, be proof of corroborating circumstances tending to establish guilt. These corroborating circumstances may consist of acts or conduct, or declarations, or any other circumstances tending to show the guilt of the accused.”
It is objected that by this instruction a conclusive effect is given to any circumstances, however trivial, after possession is shown.
Thus, the context considered, the charge in effect declared that mere possession of stolen property would not justify a verdict of “ guilty;" that there must be proof of other facts tending to establish guilt, and all the facts must prove guilt beyond every reasonable doubt.
Judgment and order denying a new trial affirmed.
Mr. Justice Rhodes did not express an opinion.