People v. M'Kay

Citations

• 122 Cal. 628
• 55 P. 594
• 1898 Cal. LEXIS 646

Syllabus

<p>Criminal Law—Challenge to Panel—Service or Venire.—An objection to the panel which goes merely to the mode of service of the venire, and does not show that the sheriff intentionally omitted to summon any juror drawn, and that the jurors drawn were not all in attendance, constitutes no statutory ground for a challenge to the panel.</p> <p>Id.—Homicide—Previous Altercation with Third Person—Evidence-Seizure or Pistol—Excited State or Mind.—Upon the trial of a defendant charged with killing one who interfered with his attempt to shoot a third person, with whom he had had a previous altercation, evidence of his declarations and acts when he, immediately after such altercation, seized a pistol belonging to a witness, and rushed back with it, tending to show his excitement, and that he took it without leave of the witness, and against his attempt to prevent it, is admissible for the purpose of showing the state of mind of the defendant at the time-of the homicide.</p> <p>Id.—Previous Relations with Third Person.—Evidence of the previous relations between the defendant, and the third person with whom he had the previous altercation, though not tending to prove malice, is admissible to enable the jury to understand the immediate quarrel in which the homicide occurred.</p> <p>Ed.—Offer of District Attorney to Prove Malice—Misconduct—Good Faith.—An offer by the district attorney to prove that the defendant had an abandoned and malignant heart, as tending to prove that the homicide was the offspring of malice, does not constitute misconduct, if made in good faith, and not without authority to support it, though correctly rejected.</p> <p>Id.—Abstract Instruction—Definition of Character.—An abstract instruction, requested by the defendant, giving an elaborate definition of character, which can serve no useful purpose, may be rejected without injury to the defendant.</p> <p>Id.—Request by Jury for Further Instructions—Action of Court.— Upon a request by the jury for further i