People v. Brown

Citations

• 76 Cal. 573
• 18 P. 678
• 1888 Cal. LEXIS 937

Syllabus

<p>Criminal Law—Murder—Malice—Evidence of Remote Quarrel.— In a prosecution for murder, evidence of a quarrel between the defendant and the deceased, and of threats made by the former against the latter, is admissible to show malice, although occurring several years prior to the homicide.</p> <p>Id. — Defendant Witness in his Own Behalf—Cross-examination.— Where a defendant in a prosecution for murder testifies as a witness in his own behalf that he drew the pistol with which he fired the fatal shot merely to scare the deceased, and that he had no desire or intention to shoot him, and had no quarrel with him on that day, it is proper on cross-examination to ask him whether or not he had a quarrel with the deceased a few moments before the shooting, and as to what kind of a pistol he had, and why he cocked it.</p> <p>Id. — Unpee judicial Error.—The defendant, having denied ever having had a quarrel with the deceased, was asked whether or not they had quarreled several years previous to the homicide. The question was objected to by the defense, and allowed by the court. Ho answered the question in the negative. Held, that, conceding the question was improperly allowed, the error was without prejudice.</p> <p>Id. — New Trial — Sickness of Juror. — The sickness of a juror during the trial, which is not so severe as to incapacitate him from performing his duties, is not ground for a new trial.</p>