People v. Wasson

Citations

• 65 Cal. 538
• 4 P. 555
• 1884 Cal. LEXIS 623

Syllabus

<p>OuTrrrwAT. Law—Mubdee—Evidence—Dying Decbabahons.—Dying declara, ' tions are admissible only as to those things to which the deceased would have been competent to testify if sworn as a witness in the case. They must relate to facts, and not to mere matters of opinion, and where the declaration was, “I think that this man, Henry Wasson, the defendant, is the man who shot me,” held, that it was the expression of an opinion, and not competent evidence.</p> <p>Id.—Bes Gestsi—Statements oe Deceased. — Statements of the deceased made several days after the shooting form no part of the res gestee, and are not admissible in evidence.</p> <p>Id.—Impeachment oe Witness eob Bias.—It is always competent for the party against whom a witness is called and testifies, to show that the witness entertains feelings of hostility and prejudice towards him.</p>