People v. Carkhuff

Citations

• 24 Cal. 640

Syllabus

<p>Evidence op Declaration op Deceased.—0. was indicted for murder. The evidence against him was circumstantial, and to prove that he was at the house where the murder was committed, at the time of its commission, the declarations of the deceased, made several hours previous, that 0. was expected at the house, were received in evidence. JSeld, to be erroneous, as the declarations did not constitute a part of the res gestee and as they were not made in extremis, and had no reference to the circumstances of the death.</p>