Reports of Cases Determined in the District Courts of Appeal of the State of California, Том 58Bancroft-Whitney Company, 1923 Vols.106-140 includes section "Reports of cases determined in the appellate departments of the Superior court of the State of California." |
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Сторінка 9
... jury declared his innocence of the charge of grand larceny . We cannot ascribe any weight to this argument . The jury might very well have convicted ap- pellant on the larceny charge , but that it did not do so cannot operate to ...
... jury declared his innocence of the charge of grand larceny . We cannot ascribe any weight to this argument . The jury might very well have convicted ap- pellant on the larceny charge , but that it did not do so cannot operate to ...
Сторінка 13
... jury - box with a determination to escape jury service in this case if he could possibly do so . Unfortu- nately , that manner of man is not a rara avis . If , however , this position is not tenable , it is enough to say that the trial ...
... jury - box with a determination to escape jury service in this case if he could possibly do so . Unfortu- nately , that manner of man is not a rara avis . If , however , this position is not tenable , it is enough to say that the trial ...
Сторінка 34
... jury , since the jury had the right to conclude there from that the defendant received the money by the cashing of the check . [ 4 ] ID . RELIANCE UPON REPRESENTATIONS - SUFFICIENCY OF EVIDENCE . In this prosecution for obtaining money ...
... jury , since the jury had the right to conclude there from that the defendant received the money by the cashing of the check . [ 4 ] ID . RELIANCE UPON REPRESENTATIONS - SUFFICIENCY OF EVIDENCE . In this prosecution for obtaining money ...
Сторінка 39
... jury . Therefore , proof of the statement made to Stivers was rele- vant to issues necessarily involved in the decision of each of the charges contained in the information in the instant case . If viewed with respect to its relevancy as ...
... jury . Therefore , proof of the statement made to Stivers was rele- vant to issues necessarily involved in the decision of each of the charges contained in the information in the instant case . If viewed with respect to its relevancy as ...
Сторінка 40
... jury . ( Underhill on Criminal Evidence , 2d ed . , sec . 442. ) In the instant case , the evidence warranted the jury in concluding that the complaining witness believed the representations . made by Whiteside and was thereby induced ...
... jury . ( Underhill on Criminal Evidence , 2d ed . , sec . 442. ) In the instant case , the evidence warranted the jury in concluding that the complaining witness believed the representations . made by Whiteside and was thereby induced ...
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action affirmed agreement alleged amendment Appellate District attorney authority automobile bill of exceptions board of supervisors cause heard charged Cheda circumstances Civil Procedure claim Code of Civil Company complaint constitute contention contract contributory negligence corporation County court of appeal criminal cross-complaint damages deceased deed defendant defendant's district attorney district court dollars evidence execution facts fendant filed finding instruction Judge judgment jurisdiction juror jury land last clear chance lease liquor Mendocino County ment mortgage motion opinion owner Pacific Electric Railway party payment person petition petitioner plaintiff possession premises pro tem proceeding promissory note prosecution purchase question reason record refused Respondent school district statute sufficient Superior Court supreme court testified testimony therein thereof tion trial court trust vendees verdict wharf wife witness writ writ of mandate
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Сторінка 48 - Authorizes the sale of collateral securities in case the instrument be not paid at maturity; or 2. Authorizes a confession of judgment if the instrument be not paid at maturity ; or 3. Waives the benefit of any law intended for the advantage or protection of the obligor ; or 4. Gives the holder an election to require something to be done in lieu of payment of money.
Сторінка 498 - No county, city, town, township, board of education, or school district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified electors thereof, voting at an election to be held for that purpose...
Сторінка 344 - ... at the expiration of the said term, or other determination of this lease, the said party of the second part will quit and surrender the premises hereby demised in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted...
Сторінка 634 - An indictment, information, or complaint may charge two or more different offenses connected together in their commission, or different statements of the same offense or two or more different offenses of the same class of .crimes or offenses under separate counts...
Сторінка 289 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this Code. The Code establishes the law of this State respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Сторінка 126 - ... 10. The opinion of a subscribing witness to a writing, the validity of which is in dispute, respecting the mental sanity of the signer; and the opinion of an intimate acquaintance respecting the mental sanity of a person, the reason for the opinion being given; 11.
Сторінка 586 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Сторінка 387 - If the transcript of the record or appellant's points and authorities be not filed within the time prescribed, the appeal may be dismissed on motion, upon notice given. If the transcript, or the points and authorities, though not filed within the time prescribed, be on file at the time such notice is given, that fact shall be sufficient answer to the motion.
Сторінка 820 - In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.
Сторінка 303 - The intention of the party making the annexation, to make the article a permanent accession to the freehold — this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, the structure and mode of annexation, and the purpose or use for which the annexation has been made.