# People v. Lindley

> California Supreme Court · July 30, 1945 · 26 Cal. 2d 780

URL: https://www.frixlaw.com/law-library/cases/9546472

## Case

- **Full name:** The PEOPLE, Respondent, v. WILLIAM MARVIN LINDLEY, Appellant
- **Court:** California Supreme Court
- **Decided:** July 30, 1945
- **Citations:** 26 Cal. 2d 780; 161 P.2d 227; 1945 Cal. LEXIS 193
- **Precedential status:** Published
- **Opinion:** Concurrence by Traynor
- **Judges:** Edmonds, Traynor
- **Cited by:** 65 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled in part by People v. Green, 47 Cal. 2d 209 (1956).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9546472

## Opinion text

TRAYNOR, J.
I concur in the judgment. The instruction in terms of Penal Code, section 1105, was erroneous for reasons set forth in People v. Thomas, 25 Cal.2d 880, 894-896 [ 156 P.2d 7 ], and in my concurring opinion in People v. Albertson, 23 Cal.2d 550, 586-589 [ 145 P.2d 7 ]. It is doubtful whether such an instruction should be given even if accompanied by a proper explanation, but in any event the sentence that the court added in its instruction to the text of the section did not explain adequately the meaning of the' section. I do not believe, however, that the error was prejudicial in this case; it is improbable that a reasonable jury properly instructed would have rendered a different verdict.
I believe that People v. Kolez, 23 Cal.2d 670 [ 145 P.2d 580 ], should be overruled for the reasons set forth in my dissenting opinion therein. Until it is, however, an instruction like the one there involved is not erroneous.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9546472. Public record. Not legal advice.