People v. Bemmerly
Citations
- 87 Cal. 117
- 25 P. 266
- 1890 Cal. LEXIS 1104
Syllabus
<p>Criminal Law —' Homicide — Evidence ■— Dying Declaration. — Upon the trial of a defendant charged with murder, the dying declaration of the deceased, in order to be admissible in evidence, need not show or state, in terms, that it was made under a sense of impending death, if there is sufficient evidence aliunde the written declaration to show that it was so made.</p> <p>Id. — Written Declaration of Deceased — Notes of Oral Statement. — Where notes were taken of what the deceased said, and a statement written out therefrom, which was read to the declarant, sentence by sentence, and the accuracy of each sentence assented to by him, and then signed in the presence of witnesses, the statement becomes his dying declaration, although the written declaration contains some words that were not used by the declarant in his oral statement.</p> <p>Id. — Practice — Challenge of Juror — Actual Bias — Appeal—Exception. —The ruling of the trial court upon the challenge of a juror for actual bias will not he reviewed on appeal, and its disallowance is not the subject of exception.</p> <p>Id.—Peremptory Challenge.—It is not error to permit the prosecution to peremptorily challenge a juror after he has been sworn, where good reasons are shown therefor.</p> <p>Id.—Instruction •—Reasonable Doubt.—An instruction to the jury defining a reasonable doubt as “ such a doubt as would induce a man of reasonable firmness and judgment to act upon it in matters of importance to himself” is erroneous.</p> <p>Id. — Indorsement of Instructions — Review on Appeal. — In the absence of an indorsement allowing whether a certain instruction was given, it will not be reviewed on appeal.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- rejecting as erroneous an instruction that defined reasonable doubt as \such a doubt as would induce a man of reasonable firmness and judgment to act upon it in matters of importance to himself\
- rejecting as erroneous an instruction that defined reasonable doubt as “such a doubt as would induce a man of reasonable firmness and judgment to act upon it in matters of importance to himself”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sharpstein
Read full opinion on CourtListenerCited by
14 cases in this archive cite this case.
- People v. DurrantCalifornia Supreme Court· 1897-03-03· cited 204×
- The People of the Territory of Guam v. Jae Hung YangNinth Circuit· 1988-06-20· cited 90×
- Jenkins v. StateSupreme Court of Florida· 1895-01-15· cited 62×
- State v. Foot YouOregon Supreme Court· 1893-04-19· cited 56×
- People v. GarciaCalifornia Court of Appeal· 1975-12-29· cited 35×
- Vecki v. SorensenCalifornia Court of Appeal· 1959-06-17· cited 27×
- People v. PaulsellCalifornia Supreme Court· 1896-11-07· cited 25×
- The People of the Territory of Guam v. Jae Hung YangNinth Circuit· 1986-09-25· cited 17×
- State v. KrampeSupreme Court of Iowa· 1913-04-08· cited 15×
- Pueblo v. Torres RiveraSupreme Court of Puerto Rico· 1935-02-08· cited 9×
- Pueblo v. Marrero FernándezSupreme Court of Puerto Rico· 1935-07-19· cited 5×
- People of the Territory of Guam v. Enrique B. TaimangloNinth Circuit· 1995-02-28
- People v. Torres RiveraSupreme Court of Puerto Rico· 1935-02-08
- People v. Marrero FernándezSupreme Court of Puerto Rico· 1935-07-19
Cites
6 cases in this archive are cited by this case.
- People v. VasquezCalifornia Supreme Court· 1875-07-01· cited 39×
- People v. MontgomeryCalifornia Supreme Court· 1879-07-01· cited 27×
- People v. BrannonCalifornia Supreme Court· 1873-07-01· cited 26×
- People v. RileyCalifornia Supreme Court· 1884-03-17· cited 20×
- People v. Ah SingCalifornia Supreme Court· 1876-07-01· cited 11×
- People v. TaingCalifornia Supreme Court· 1879-07-01· cited 8×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.