People v. Geiger

Citations

• 49 Cal. 643

Syllabus

<p>Appeal in Cbiminal Case.—Upon an appeal in a criminal case being taken, the Clerk of the Court with whom the notice of appeal is filed, must, within ten days after the same is filed, without charge, transmit to the Clerk of the appellate Court, a copy of the notice of appeal and of the record, and of all bills of exceptions, instructions, and endorsement thereon.</p> <p>Declabations as Evidence.—If two are jointly indicted for murder, and are tried separately, and on the trial of one there is testimony tending to show a conspiracy between them, the declarations of the one not on trial, made before the killing, may be received in evidence.</p> <p>Idem.—When such declarations have been admitted in evidence, it is proper for the Court to instruct the jury to disregard them, unless the conspiracy is satisfactorily proved.</p> <p>Evidence of Conspiracy in Criminal Case.—If two are jointly indicted for murder, and one is tried separately, and there is evidence of a conspiracy, an instruction to the jury that if there was a conspiracy, and the deceased was murdered by either of the conspirators in pursuance of the conspiracy, the verdict should be guilty, is not erroneous. If the instruction is not sufficiently explicit about preponderating evidence on the question of conspiracy, the defendant should ask the Court to make it more specific.</p> <p>Declabations of Conspirator.—The conspiracy to commit a crime being proved on the separate trial of one of the conspirators, the jury arc to give the same weight to the declarations of the co-conspirator not on trial, as they would give to them if made by the one on trial.</p> <p>Challenge to Grand Juey.—If a person is charged with the commission of a crime in a sworn complaint, and is arrested on a warrant issued by a magistrate on the complaint, and is under arrest when the grand jury meets, but, before an examination before the magistrate, is taken before the grand jury about to be empaneled and informed by the Judge that he