People v. Ah Lee

Citations

• 60 Cal. 85
• 1882 Cal. LEXIS 403

Syllabus

<p>Mtjrder—Instructions—Flea oe “Not Guiivty”—Issues.—The Court in its charge to the jury among other things said: “The evidence in this ease upon the point whether the defendants or either of them are the persons who committed the offense with which they are charged, is conflicting. The defendants, by their plea of not guilty, have rested their defense upon the sole ground that they nor either of them are the persons who committed the offense of which they stand charged. It follows from this statement of the case, if you find from the evidence beyond a reasonable doubt that they are the persons who killed or aided and assisted in the killing of the deceased at the time, and in the manner charged in the information, then you must find the defendants guilty of murder of the first degree, as there are no circumstances in the case to reduce the offense below that degree.” Held: This instruction is clearly erroneous.</p> <p>Id.—Bes Gbsmi.—(Sharpstein and Thornton, JJ.) On the trial the District Attorney over the objection of defendant was permitted to ask the witness the following question : “Have you told all that you heard either of the parties (the deceased or defendants) say at the time of the stabbing or immediately after? ”</p> <p>Held: Where declarations offered in evidence are merely narrative of a past occurrence, they can not be received as proof of the existence of such occurrence.</p>