People v. Cuff

Citations

• 122 Cal. 589
• 55 P. 407
• 1898 Cal. LEXIS 638

Syllabus

<p>Criminal Law—Instruction—Power to Produce Stronger Evidence.— An instruction based upon subdivisions 6 and 7 of section 2061 of the Code of Civil Procedure, in reference to the effect of the failure of a party to produce stronger and more satisfactory evidence than that offered when in his power to do so, ought rarely, if ever, to be given in a criminal case in which the jury are the sole and exclusive judges of the weight of evidence; and if the only plausible application of such an instruction is to the failure of the defendant to testify in his own behalf, it is prejudicially erroneous.</p> <p>Id.—Attempt to Kill by Poison—Evidence—Collateral Facts.—Upon the trial of a defendant charged with an attempt to kill a person named by the administration of poison, consisting of strychnia, the evidence of which was circumstantial, evidence of collateral facts, tending to connect the defendant with other events and offenses of a different character and in relation to other persons, occurring some time previous to the offense charged, which did not in any appreciable decree tend to show a motive for the attempted murder, is inadmissible.</p> <p>Id.—Purchase oe Chloroform by Defendant.—It may be proved that chloroform was purchased by the defendant, and was in bis possession when arrested, as tending to show to some degree his intention toward the person to whom poison was administered.</p> <p>Id.—Conversations with Defendant—False Explanations.—Conversations had with the defendant by a witness, in which he gave false reasons for being in the place where the poison was administered, on the day of its administration, are relevant and competent evidence for the prosecution.</p> <p>Id.—Motive of Offense—Rivalry of Suitors—Evidence that the defendant was an unsuccessful rival of the person poisoned, and a persistent suitor for the hand of a young lady to whom the person poisoned was engaged to be married, and that that person had seen one who resembled the defendant in compa