Opinion
Appeal from the District Court of the Eleventh Judicial District, County of El Dorado.
The defendant was tried and convicted on an indictment for murder. On the trial the Court charged the jury orally, without having first obtained the consent of parties. Defendant appealed.
COUNSEL
Sanders & Howard, for Appellant.
Wm. T. Wallace, Attorney-General, for the People.
JUDGES: The opinion of the Court was delivered by Mr. Chief Justice Murray. Mr. Justice Terry concurred.
OPINION
MURRAY, Judge
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.