People v. Murphy

Citations

• 45 Cal. 137

Syllabus

<p>Day fob Carrying into Effect Sentence of Death.—The day for carrying into effect a sentence of death should not be designated in the judgment, but in the warrant for the execution. ■</p> <p>Challenge for Implied Bias.—The mere formation of hypothetical opinions as to the guilt or innocence of the prisoner, founded on hearsay or information, and unaccompanied with malice or ill-will, is not sufficient to support a challenge for implied bias.</p> <p>Allowing Challenge for Implied Bias.—The action of the trial Court in allowing a challenge to a juror for implied bias is not open to review.</p> <p>Evidence on Trial for Murder.—Evidence of the acts and exclamations of the wife of the prisoner, made and performed at the time of the killing, and in his presence or hearing, is admissible on behalf of the prosecution.</p> <p>Testimony of Deceased Witness.—The prosecution, on a second trial for a crime, may prove what a witness, since deceased, testified to on a former trial.</p> <p>General Bulbs of Evidence.—The general rules of evidence are the same in both criminal and civil cases.</p> <p>How Testimony of Deceased Witness Proved.—The testimony of a witness, since deceased, given on a former trial in a criminal case, may be proved on a subsequent trial, by permitting a person who kept notes of such testimony, and who swears they contain the substance of the testimony, to read Ms notes to the jury.</p> <p>Declarations as Evidence.—Declarations of a deceased, made three or four days before he was killed, which do not have any appreciable bearing on the merits of the case, are not admissible in evidence on a charge of murder, on behalf of the defense, on the trial of the person by whom he was killed.</p>