People v. Samario

Citations

• 84 Cal. 484
• 24 P. 283
• 1890 Cal. LEXIS 826

Syllabus

<p>Dying Declaration — Sufficient Sense of Death. — Where a man spit a quantity of blood from a knife-wound in the abdomen, and his language showed that he was thereby impressed with a sense of impending death, his declaration as to the cause of his death is admissible as a dying declaration.</p> <p>Id.—Evidence—Motion to Strike out after Evidence is Admitted without Objection. — If the defendant makes no objection to evidence when it is offered, but moves to strike it out after it is in, it is not error to deny the motion) although the evidence would have been excluded had objection to it been taken in season.</p> <p>Arraignment—Interpreter — Record.—The record of the arraignment need not show that an interpreter was appointed.</p> <p>Matter Ocourring in the Presence of the Court. — Where a matter occurred in the presence of the court, it is presumably within its recollection, and its decision as to the fact will not ordinarily be disturbed.</p> <p>Pleading to Information — Standing Mute.—If the defendant is in court, and is regularly arraigned, but stands mute, it is the duty of the court to have entered a plea of not guilty, and it does not vitiate the plea that his attorney said to the court that the plea was not guilty.</p>