People v. Turcott

Citations

• 65 Cal. 126
• 3 P. 461
• 1884 Cal. LEXIS 470

Syllabus

<p>Criminal Law—Pbactice—Private Counsel.—It is not error to permit private counsel to assist the district attorney in the prosecution of criminal cases.</p> <p>Id.—Irrelevant Testimony.—The defendant was charged with murder, and in the opening statement defendant’s counsel placed the defense upon the ground that at the time of the killing the deceased indicated by his movements an intention to draw a pistol from his pocket, and that defendant believing his life to be in danger, killed the deceased. Certain evidence was given during the progress of the trial regarding a shot-gun concealed in and subsequently taken from the yard of the residence of the deceased, just after the homicide, when the court, of its own motiou, refused to allow its admission, unless it could be shown to be relevant. The defendant took an exception, but made no effort to show the relevancy; held, that the action of the court was not erroneous.</p> <p>Id.—Instructions — Charge—Conflicting Sentences.—The sentences or separate parts of a charge should be read in connection with the context, and the instructions as a whole, and if when so read it appears that the jury was correctly instructed, the judgment will not be reversed because there is an apparent conflict between certain isolated sentences.</p> <p>Id.—This rule applied to certain instructions regarding the character or degreS of evidence necessary to warrant a conviction of murder.</p> <p>Id.—It is not error to refuse an instruction which is not applicable to the facts of the case.</p>