People v. Hoy Yen

Citations

• 34 Cal. 176

Syllabus

<p>Statement of Prisoner, as Evidence against Him, when not Voluntarily Made.—Where a prisoner, accused of robbery of certain money, promised to point out the place where the money was buried, and afterward pointed out a place at which, it was proved by other witnesses, the stolen money was found : held, that such statement, when taken in connection with said fact and proof, was admissible in evidence against him, although not voluntarily made.</p> <p>Idem.—But when, in such case, in connection with such promise, the prisoner further stated, “ I buried the money there held, that this was inadmissible as evidence against him.</p> <p>Striking Out Evidence. — Where, on a criminal trial, improper evidence had been admitted against the defendant, under his objections and exception, and afterwards, on motion of his counsel, the Court struck it out, and gave to the jury a pointed instruction, prepared by and given at the request of said counsel, guarding them against giving the excluded evidence any consideration or weight: held, that the error was cured.</p>