People v. Lawrence

Citations

• 21 Cal. 368

Syllabus

<p>Where, on trial upon, an indictment for murder, the dying declarations of the deceased are introduced hy the prosecution, it is error to exclude proof offered hy defendant of other statements made by the deceased contradicting his dying declarations.</p> <p>Such proof is admissible under the general rule that the credit of a witness may be impeached by proof that he has made statements contrary to what he has testified, and the condition that the attention of the witness must first have been called to the supposed contradictory statements, is from necessity dispensed with in the case of dying declarations.</p> <p>Where an indictment for murder is returned by the grand jury without being indorsed “a true bill” by the foreman, the objection to it, under the statute, must be made by motion before demurrer or plea, otherwise the defect is waived.</p> <p>The indorsement upon an indictment is not, in this State, essential to its legality and sufficiency. It is only evidence of the finding of the indictment, and the object of the statute in requiring it is simply to secure the authenticity and genuineness of the instrument. This end is equally attained when the indictment is presented by the grand jury in open Court, and is filed by the Clerk with the other records.</p>