People v. Len

Citations

• 98 Cal. 133
• 32 P. 880
• 1893 Cal. LEXIS 873

Syllabus

<p>Cbiminal Law—Homicide—Defendant Charged as Principal—Conviction fob Aiding and Abetting—Modification of Instruction.—Upon the trial of a defendant charged with murder, where the evidence upon the part of the prosetion tended to show that the defendant and others were acting in concert at the time of the shooting of the deceased, an instruction asked hy the defendant to the effect that if the jury should find from a consideration of all the evidence that it pointed as clearly to another person as the homicide, as to the defendant, and if after a full and fair consideration of all the evidence, they should entertain any reasonable doubt as to whether the defendant was the guilty person, then they should acquit the defendant, is properly modified by the court by adding thereto, “unless yon find from the evidence beyond a reasonable doubt that such other person is the guilty party, and that the defendant aided and abetted him in committing the crime.”</p> <p>Id.—Evidence—Dying Declarations. —The dying declaration of the deceased are admissible when shown to have been made under a sense of impending death.</p>