People v. Wheeler

Citations

• 65 Cal. 77
• 2 P. 892
• 1884 Cal. LEXIS 446

Syllabus

<p>Criminal Law—Setting Aside Information—Assault with Intent to Commit Murder.—An examination and commitment by a magistrate is sufficient to authorize a proceeding by information for the crime of an assault with a deadly weapon with intent to commit murder.</p> <p>Id.—Summoning Jury.—An order of the court directing the clerk “to draw the names of thirty-five good and lawful men,” to be summoned from the body of the county, is a substantial compliance with the statute.</p> <p>Id.—The district attorney, during the argument, addressed the defendant personally, advanced towards him and pointed his finger at him, saying, “you sought this trouble with him [referring to the prosecuting witness] and made a cowardly attack upon him.” Beld, that this does not justify a reversal of the judgment against the defendant.</p> <p>Id.—Insanity—Instructions.—Where there was no evidence that defendant was insane, instructions upon the subject of insanity will not he reviewed.</p> <p>Id.—Instructions—Defendant as a Witness in His Own Behalf.—Where a defendant is a witness in his own behalf, it is not error for the court to instruct the jury that in weighing his evidence they must consider the circumstances under which he testified, being the defendant in the case and having such important interests dependent upon the result.</p> <p>Id. —Unimportant errors will not warrant a reversal of the judgment.</p>