67 Cal. 223 | Cal. | 1885
The defendant was accused of the murder of John Mengetti, and on bis trial the court admitted evidence
There was also evidence of threats (in Julias Hedrick’s testimony) against the Mengettis, which we think was admissible.
The court erred in permitting the prosecution to give evidence as to the character ■ of the deceased for peace and quietness, (People v. Anderson, 39 Cal. 704.)
The court committed no error or abuse of discretion in restricting counsel for defendant in his opening statement to stating what he expected to prove, without any argument upon such facts. (People v. Anderson, 44 Cal. 65.) The counsel had abundant opportunity in the course of the trial in suggesting and arguing all points of law pertinent to the cause.
For the errors above pointed out the judgment and order should be reversed and the cause remanded for new trial, and it is ordered accordingly.
Myrick, J., and Sharpstein, J., concurred.