People v. Ah Wee
People v. Ah Wee
Opinion of the Court
The defendant, having been indicted for the crime of murder, and convicted of murder in the second degree, appeals from the judgment and from the order overruling his motion for a new trial. The bill of exceptions presents many points, of which we shall consider only those urged by the counsel for the defendant in their brief.
2.. At the close of the testimony the Court, against the objection of the defendant, permitted three counsel for the prosecution to address the jury. The defendant had but two counsel, who each addressed the jury. No objection is made to the order of the several arguments, but it is urged that it was error to allow more than two arguments upon the part of the People. Section one thousand and ninety-five of the Penal Code provides that “if the indictment be for an offense punishable with death, two counsel on each side, may argue the cause to the jury. If it is for any other offense, the Court may, in its discretion, restrict the argument to one counsel on each side.” As we construe this section, its object was to give to both the prosecution and the defense, in a capital case, the right'to have the case presented to the jury by at least two counsel; and to distinguish the case in this respect from the inferior grades of crime in which the argument may, in the discretion of the Court, be restricted to one counsel on each side. But it
3. It is claimed that the Court erred in its charge in omitting to instruct the jury in reference to the law of manslaughter. The entire evidence is not before us, and there is nothing in the evidence presented tending to show that such an instruction would have been applicable. Moreover, a specific instruction upon this point should have been asked by the counsel for the defendant, if they deemed it appropriate. (People v. Haun, 44 Cal. 100.)
4. We do not deem it necessary to review in detail the several instructions asked by the counsel for the defendant and refused by the Court. We discover in none of them any principle of law, correct in itself, and applicable to the case, that is not as well, and usually better, stated in other instructions asked and given.
Judgment and order affirmed,
Reference
- Full Case Name
- THE PEOPLE v. AH WEE
- Cited By
- 17 cases
- Status
- Published
- Syllabus
- Pboojf or a Conversation held in two Languages.—A conversation between a person indicted for murder, and his victim, while alive, held partly in Chinese and partly in English, may be proved, that part of it held in English by persons present who understood English only, and that part of it held in Chinese by persons present who understood Chinese, provided that both the accused and his victim understood both languages. Number oe Counsel in Criminal Case.—In a capital criminal case, the Court may, in its discretion, allow more than two counsel to address the jury, either on behalf of the people or the defendant. Failure to Ask an Instruction to the Juni.-rA defendant, in a criminal case, cannot complain that the Court did not instruct the jury upon a point in issue, unless he asked an instruction on the point, and it was l'efused.