People v. Jung Qung Sing

Citations

• 70 Cal. 469
• 11 P. 755
• 1886 Cal. LEXIS 821

Syllabus

<p>Criminal Law—Murder — Pronouncing Judgment—Preliminary Requirements. — The defendant was convicted of murder in the first degree. When he appeared for judgment, the court informed him of the information presented against him for the crime of murder, of his arraignment and plea of not guilty, of his trial and the verdict finding him guilty of murder in the first degree. He was then asked whether he had any legal cause to show why judgment should not be pronounced against him, , and having replied in the negative, was sentenced to be hanged. Held, that the requirements of section 1200 of the Penal Code were sufficiently complied with.</p> <p>Id. — Presence of Defendant upon Return of Verdict—Record when Sufficiently Shows. — The record in a prosecution for felony sufficiently shows that the defendant was present in court when the verdict against him was received, if it recites that the parties and their attorneys were present at every stage of the proceedings, and that upon the discharge of the jury the defendant was remanded to the custody of the sheriff.</p>