People v. Wong Ah Foo

Citations

• 69 Cal. 180
• 10 P. 375
• 1886 Cal. LEXIS 648

Syllabus

<p>Criminal Law—Murder.—Statement by Deceased—Admissibility of — Evidence. —In a prosecution formurder, a statement by the deceased that the defendant shot him, if made almost eo instanti the firing of the fatal shot, and before the defendant had proceeded farther than across the street from the place of the homicide, is admissible in evidence, although such statement was not made in the immediate presence of the defendant.</p> <p>Id.—New Trial—Newly Discovered Evidence.—Anew trial will not be granted on the ground of newly discovered evidence, if the evidence is merely cumulative, and is contradicted by the affidavits of the adverse party.</p> <p>Id. —Instruction—Reasonable Doubt—Error. —The court charged the jury that they should acquit, if they had from the evidence a reasonable doubt of the guilt or innocence of the defendant. Held, that the instruction was more favorable to the defendant than he was entitled to, and was not a prejudicial error.</p> <p>Id. —Circumstantial Evidence—Weight of. — A statement by the court in its instructions that there was evidence in the case of a circumstantial nature, is not error, if the charge as a whole did not convey to the jury any opinion of the court as to the weight of such evidence.</p> <p>Id. —Instruction that Act is Murder. —Where there is no conflict in the evidence as to the homicide being murder, the court may so instruct the j™-y-</p> <p>Id. — Relationship of Witness—Evidence of Admissible. — In a criminal case, where a son of the defendant testifies in his behalf, evidence of flheir relationship is admissible, and the court may instruct the jury that they may consult their general knowledge and experience in life as to whether or not a son would he apt to favor his father in giving his testimony.</p> <p>Id.—Alibi—-Character of Evidence to Prove.—Certain observations made by the court in the instructions to the jury as to the character of the evidence that might he used to prove an aUbi examined, and held not erron