People v. Evans

Citations

• 124 Cal. 206
• 56 P. 1024
• 1899 Cal. LEXIS 970

Syllabus

<p>Criminal Law—Murder—Malice—Instructions.—An unusual instruction upon the subject of murder, making an absence of considerable provocation, an alternative of malice aforethought, though not commendable, is not ground of reversal, when the law upon the subject is elsewhere fully given, and malice aforethought as a necessary element of murder is clearly declared, so that the jury could not have been misled.</p> <p>Id.—Jury—Challenges for Actual Bias—Exception—Review upon Appeal.—Challenges to jurors upon the ground of actual bias by a defendant who has exhausted his peremptory challenges, are the subject of exception, and may be reviewed upon appeal, where the question comes before this court as matter of law, but the decision of the trial court will not be disturbed where the question presented is one of fact, or where a finding by the court either way upon the challenge would have support in the evidence.</p> <p>Id.—Disqualification of Jubok—Objection upon Appeal.—An objection to the disqualification of a juror, upon the ground that he was not a citizen of the United States, cannot be urged for the first time upon appeal.</p>