People v. Kamaunu

Citations

• 110 Cal. 609
• 42 P. 1090
• 1895 Cal. LEXIS 1106

Syllabus

<p>Criminal Law—Voluntary Confession—Preliminary Proof.—Where a witness testifies to a confession made by the defendant under circumstances which show that it was impossible that there could have been an inducement offered by the witness to the defendant to make the confession, and the evidence further shows a motive of the defendant to make it, which was suggested by no one, and that his purpose was to enforce silence by a threat which immediately followed the confession, the failure of the court to institute a preliminary inquiry to determine whether the confession was voluntary before admitting it in evidence, is not prejudicial.</p> <p>Id.—Murder in the First Degree—Punishment—Discretion of Jury— Instruction.—Discretion is given to the jury in regard to the punishment in case they find a defendant guilty of murder in the first degree; and the court cannot direct or advise them upon the subject further than to inform them of their province; and it is not error to refuse to instruct them as to bow they should usé the discretion given them.</p> <p>Id.—Improper Language of District Attorney—Instruction of Court. Where the district attorney makes improper reference to evidence offered and ruled out, if the court immediately instructs the jury that they have nothing to do with such evidence, and that the case must be determined entirely from the testimony received without reference to other things they may have heard, the improper remark of the district attorney, though deserving a rebuke from the court, is not ground for a reversal of the judgment of conviction.</p> <p>Id.—Proof of Venue—Residence of Deceased.—Where it is testified that the deceased resided in the county, and it is plainly implied that she resided at the house in front of which her body was found, and into which it was carried, the venue is sufficiently proved.</p> <p>Instructions—Evidence Stricken Out—Duty of Defendant.—If the defendant desires specific instructions as to the effect of evidence stri