People v. Hodgdon

Citations

• 55 Cal. 72

Syllabus

<p>Criminal Law—Practice—Bill of Exceptions. — The case was tried hy one judge, and the motion for new trial heard hy his successor in office. lldd, on appeal from a judgment of conviction and an order denying a new trial, that flic bill was properly settled and authenticated.</p> <p>Construction of Statute.—Where a statute is ambiguous, such a construction will be given to it as not to deprive a party of a substantial right. Evidence—Criminal Law—Dying Declaration.—It is essential to the admissibility of a dying declaration, that it appear that it was made under a sense of impending death; and where it appears that the deceased had any expectation or hope of recovery, however slight it may have been, and though death actually ensued within an hour afterward, the declaration is not admissible.</p>