107 Cal. 461 | Cal. | 1895
Defendant was convicted of having murdered one Louis Assalena, and was sentenced to imprisonment for life. He appeals from the judgment and an order denying him a new trial.
One Kane, a witness called by the state, was permitted, against the objection of defendant, to testify that, on the evening of the day preceding the one on which the homicide was committed, the witness saw Assalena, the deceased, at La Grange, just before, the latter left for Sonora, where the killing took place, and that Assalena then stated that he had discovered that the defendant
It was also error to admit the evidence of Mrs. Assalena as to the defendant’s efforts to ihduce the witness to leave her husband. Under the circumstances of this case the evidence was not pertinent to any issue before the jury. Were the case one of circumstantial evidence, and the fact in doubt as to whether defendant did the killing, such evidence might be admissible upon the question of motive (Pierson v. People, 79 N. Y. 424; 35 Am. Rep. 524); but here the killing was admitted, and the only issue was whether it was in necessary self-defense. In such a case evidence of this character serves no competent purpose, while its effect was necessarily
Judgment and order reversed, and cause remanded for a new trial.
Garoutte, J., McFarland, J., and Henshaw, J., concurred.