People v. Ah Fat

Citations

• 48 Cal. 61

Syllabus

<p>Affidavit fob Continuance.—An affidavit for a continuance in a criminal case, on the ground of the absence of a witness, should distinctly state the facts.to which the absent witness would testify.</p> <p>Idem.—Query? In such case would a reference in the affidavit to the reporter's notes of the testimony taken on a former trial, be'sufficient?</p> <p>Idem.—An affidavit for a continuance in a criminal case is insufficient, if it fails to show that the testimony of the absent witness, can be procured at the next or a succeeding term; or if it shows that the same facts desired to be proved by the absent witness can be proved by other witnesses.</p> <p>Aiding to Commit Murder makes one Princetal.—If an indictment'for murder charges the defendant with having been the actual perpetrator of the crime, he can be convicted if it is proved that he was present aiding and abetting the killing.</p> <p>What Constitutes Murder.—A person is not guiltless of murder, because the one he kills has already been mortally wounded.</p> <p>Instructions in Criminal Case.—If a defendant is charged in an indictment for murder with having committed the act, and there is testimony tending to show that he was the principal, and also testimony tending to show that he stood by aiding and assisting, an instruction to the jury which ignores the possible guilt of the defendant as a present aider and abettor of the killing, should not be given.</p> <p>Evidence of Character of Witness.—If a defendant introduces evidence ,¡pn a trial for murder, tending to show that one of the people’s witnesses was suborned, and had been paid for his testimony, the prosecution in rebuttal may introduce testimony to show the good character of the witness, for truth and veracity.</p>