People v. Southern

Citations

• 120 Cal. 645
• 53 P. 214
• 1898 Cal. LEXIS 827

Syllabus

<p>Griminal Law—Homicide—Evidence—Dying Declarations Admissible fob Defendant.—The dying declarations of the deceased made in extremis, are admissible' as evidence for the defendant; and the fact that there is evidence of circumstances from which the jury might infer that the deceased was mistaken as to the identity of the party who was his assailant does not affect the admissibility of his dying declaration as to the person by whom he was shot.</p> <p>•In.—Practice—Management of Prosecution.—It is better practice for both the prosecutor and the court to he liberal in regard to the matter of objections to evidence for the defendant, and under all ordinary conditions to resolve doubtful questions in favor of the defendant; and it is dangerous practice to attempt to hew to the very line of the law, as the slightest encroachment upon the other side may result in a mistrial.</p> <p>In.—View of Scene of Homicide—Discretion.—It rests with the appellant to show error affirmatively in the action of the court in allowing a view to be taken by the jury of the scene of the homicide. The court has absolute discretion in granting or refusing an application for such a view; and, under ordinary circumstances, the safer course would be to refuse it, owing to the danger that something may occur in taking the view which will create a mistrial of the cause.</p>