People v. O'Neal

Citations

• 67 Cal. 378
• 7 P. 790
• 1885 Cal. LEXIS 650

Syllabus

<p>Criminal Law—Instruction—Immaterial Error.—In a trial for murder an erroneous instruction to the effect that a certain act would constitute murder in the second degree, whereas it might amount to manslaughter only, is immaterial if the defendant is convicted of murder in the first degree.</p> <p>Id.—Defendant as a Witness on His Own Behalf. —The defendant having testified as a witness on liis own hehalf, the court instructed the jury in effect that in determining the weight to be given to his testimony, they must consider the circumstances under which he testified, the consequences to him from the result of the trial, and all the inducements and temptations which would ordinarily influence a person in his situation. Eeld, that tile instruction was proper.</p> <p>Id.—New Trial—Newly Discovered Evidence. — The defendant moved for a new trial, and one of the grounds of the motion was newly discovered evidence, which consisted of certain letters written by the defendant and by the sheriff of the county in which he was convicted. Tho letters were relied oil as tending to prove the insanity of the defendant. Eeld, that the motion was properly denied.</p>