People v. Davis

Citations

• 47 Cal. 93

Syllabus

<p>Jubobs fob a Teem.—If jurors are not drawn and summoned to attend the term of a District Court, the Court may forthwith, by an order, direct the sheriff to summon one.</p> <p>Immatebiad Evidence.—Although the information sought by a question put to a witness by the prosecution in a criminal case, may be immaterial, yet, if the defendant is not prejudiced by it, the judgment will not be disturbed.</p> <p>Evidence in Cbiminad Case.—If, on a trial for murder, a witness for the defense testifies that before the killing, deceased asked him to go with deceased and help tear down the defendant’s fence, on a certain night, and made threats against the defendant, it is not error for the Court to refuse to allow the witness to state whether the fence was torn down that night.</p> <p>Ebbob in Refusing- Instbuchon.—It is not error for the Court to refuse to give an instruction to the jury, asked by a party, if the instruction has already been given, substantially.</p> <p>Idem.—It is not error in a criminal ease for the Com.'t to refuse to give an abstract instruction, which is not applicable to the case.</p> <p>Idem.—It is not error for the Court, in a criminal case, to give an instruction requested by the defendant, with an addition to it, which does not change or modify the sense, but states a further principle germane to the point of the instruction.</p>