Opinion for people v lamantain 89 cal app 2d 699 brought to you by free law project a non profit dedicated to creating high quality open legal information. Docket no docket no 713 judges griffin j attorneys clarence harden and crandall condra for appellant fred n howser attorney general and dan kaufmann deputy attorney general for respondent. Lamantain 1949 89 calapp2d 699 701 201 p2d 598 or where the record does not show what instructions were given people v anderson 1962 199 calapp2d 510 521 522 18 calrptr 793 court cannot assume erroneous instruction was given or that a necessary instruction was omitted or where it has been pointed out to the jury in some way . The governing law is stated by mr justice peters in people v lamb 121 calapp2d 838 at pages 844 845 264 p2d 126 at page 130 the trial judge because of his ability to see how the child acts on the stand possesses considerable discretion in determining whether a child under ten possesses these qualifications people v. No judgment was pronounced and consequently there was no judgment of conviction and that appeal must be dismissed 1 an order denying a motion in arrest of judgment is not appealable people v mcgee 31 cal 2d 229 232 187 p2d 706 and that appeal must be dismissed the ruling is reviewable on appeal from the judgment people v
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