People v. Young

Citations

• 108 Cal. 8
• 41 P. 281
• 1895 Cal. LEXIS 810

Syllabus

<p>Criminal Law—Homicide — Motion to Set aside Information.—A motion to set aside an information against a defendant accused of murder, upon the ground that he had not been committed by a magistrate, upon an affidavit to the effect that he was a native of Germany and had a very limited knowledge of the English language, and did not know that he had a right to counsel at the preliminary examination, and did not hear or understand the magistrate to inform him that he had such right, is properly overruled, where it appears from the record of the proceedings of the preliminary examination that the defendant was fully informed of his rights, and stated to the committing magistrate that he desired no counsel and was then ready to have the examination proceed, and the answers of the defendant to the interrogatories put to him by the magistrate indicate a full comprehension on his part of the proceedings before the magistrate.</p> <p>Id.—Application for Interpreter—Discretion. —Under section 1884 of the Code of Civil Procedure the court is vested with a discretion in granting or refusing an application of the defendant for an interpreter.</p> <p>Id.—Defense of Insanity—Refusal of Commission to Take Testimony —Admission of Facts by Prosecution—Rejection of Defendant’s Belief.-—It is not error for the court to refuse to issue a commission to . take testimony of witnesses residing in Germany, upon application of a defendant accused of murder, proposing to show by the testimony of the witnesses “that the father of the defendant was insane, was confined in an asylum and died insane; that his sister was subject to epileptic fits and died insane, and that the defendant is subject to epileptic fits, and that he believes that the witnesses will testify that from their knowledge of him, his conduct, his conversation with them, and observation of his conduct, that they believe and are of the opinion that he, defendant, is of unsound mind,” where the prosecution admitted the facts that