Section 1127 Of Chapter 2. The Trial From California Penal Code >> Title 7. >> Part 2. >> Chapter 2.
1127
. All instructions given shall be in writing, unless there is a
phonographic reporter present and he takes them down, in which case
they may be given orally; provided however, that in all misdemeanor
cases oral instructions may be given pursuant to stipulation of the
prosecuting attorney and counsel for the defendant. In charging the
jury the court may instruct the jury regarding the law applicable to
the facts of the case, and may make such comment on the evidence and
the testimony and credibility of any witness as in its opinion is
necessary for the proper determination of the case and in any
criminal case, whether the defendant testifies or not, his failure to
explain or to deny by his testimony any evidence or facts in the
case against him may be commented upon by the court. The court shall
inform the jury in all cases that the jurors are the exclusive judges
of all questions of fact submitted to them and of the credibility of
the witnesses. Either party may present to the court any written
charge on the law, but not with respect to matters of fact, and
request that it be given. If the court thinks it correct and
pertinent, it must be given; if not, it must be refused. Upon each
charge presented and given or refused, the court must endorse and
sign its decision and a statement showing which party requested it.
If part be given and part refused, the court must distinguish,
showing by the endorsement what part of the charge was given and what
part refused.