121 Cal. 633 | Cal. | 1898
This appeal is by the defendant from a judgment convicting him of murder in the first degree, and adjudging him to suffer death.
Apparently, the appeal has been practically abandoned, since appellant’s counsel have filed no brief in its support, nor did
The appeal being from the judgment alone, without a bill of exceptions, brings up simply the judgment-roll, and presents-for review only the sufficiency of the information, any errors disclosed in the minutes, and the propriety of the instructions given and refused. The information is a model of simplicity and wholly free from objection; and the minutes disclose-nothing violative of the defendant’s rights. The only matter-in the record calculated to arrest attention is the refusal of the-trial court to give certain instructions requested by the defendant. Several of these bear upon the subject of insanity as a. defense, and would appear, as abstract statements of the law, to-be unobjectionable in form. As such, the defendant in a proper case would be entitled to have them submitted to the-jury; but, unfortunately for the defendant, we cannot say upon the record before us that there was error in their refusal. The evidence is not in the record, and there is, therefore, nothing to show that such a defense was made, or that there was any such question in the case. In the absence of such showing we must and will presume that these instructions were rejected by the trial court as not pertinent to any question of fact before the jury.
It results that the record discloses no error justifying a disturbance of the judgment, and the judgment must therefore be affirmed.
It is so ordered.
Garoutte, J., Harrison, J., McFarland, J., Temple, J., Henshaw, J., and Beatty, C. J., concurred.