Trial Without Jury; Findings Required

8 GCA § 105.78 — under Conduct of Jury After Submission of Case: Verdict or Finding.

8 GCA § 105.78

In a case tried without a jury the court shall make a general finding and shall in addition on request find the facts specially. Such findings shall be entered upon the minutes. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact appear therein. NOTE: Section 105.78 is substantively the same as former Rule 23(c). See also former § 1149; Fed. R. Crim. P. 23(c). Compare Cal. Pen Code § 1167. See generally 8 Moore, Federal Practice &23.05 (1974); B. Witkin, California Criminal Procedure Judgment and Attack in Trial Court § 556(1963).

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