California Proposition 41, Miscarriage of Justice Amendment (1914)
| California Proposition 41 | |
|---|---|
 | |
| Election date November 3, 1914 | |
| Topic Civil and criminal trials | |
Status Approved | |
| Type Constitutional amendment | Origin State legislature |
California Proposition 41 was on the ballot as a legislatively referred constitutional amendment in California on November 3, 1914. It was approved.
A “yes” vote supported establishing that no judgment shall be set aside or a new trial granted in any civil or criminal case unless evidence is found to indicate a miscarriage of justice occurred. |
A “no” vote opposed establishing that no judgment shall be set aside or a new trial granted in any civil or criminal case unless evidence is found to indicate a miscarriage of justice occurred.v |
Election results
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California Proposition 41 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
378,237 | 67.50% | ||
| No | 182,073 | 32.50% | ||
Text of measure
Ballot title
The ballot title for Proposition 41 was as follows:
| “ | Miscarriage of Justice | ” |
Ballot summary
The ballot summary for this measure was:
| “ | Omit from present section word “criminal,” thereby providing that no judgment shall be set aside or new trial granted in any case, civil or criminal, for misdirection of jury or improper admission or rejection of evidence, or for any error as to any matter of pleading or procedure, unless after examination of entire cause, including the evidence, court is of opinion that error complained of resulted in miscarriage of justice. | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
- See also: Amending the California Constitution
A two-thirds vote was needed in each chamber of the California State Legislature to refer the constitutional amendment to the ballot for voter consideration.
See also
External links
Footnotes
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State of California Sacramento (capital) |
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