PEOPLE v. GRAVES (1934)

Appellant's petition to have the above-entitled cause heard and determined by this court, after judgment in the District Court of Appeal of the Second Appellate District, Division 2, is denied.

In denying said petition, we think it appropriate to state that, while we are in accord with the District Court of Appeal in its ruling that it was error for the trial court to refuse to give the instruction regarding circumstantial evidence, we are not entirely satisfied that the error was cured by giving the other instructions referred to in said opinion. However, the court in the closing paragraph of its opinion states that the case is just such a one as is contemplated by the framers of section 4 1/2 of article 6 of the Constitution, which provides that no judgment shall be set aside, or new trial granted, in any case, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice. In our opinion, the evidence in the case points unerringly to the guilt of the defendant. We hardly believe that the verdict of the jury in this case would have been any different had the court given the instruction as to circumstantial evidence. We are of the opinion therefore that no miscarriage of justice has resulted from said error, and that the court properly refused to reverse the judgment on account of said error.

PER CURIAM.