California Supreme Court, 1875

People v. Ah Dat

California Supreme Court · Decided July 1, 1875 · McKinstry

49 Cal. 652

Cases that cite this one

2 later published cases cite this decision.

Woodhouse Ex Rel. Woodhouse v. Johnson (Utah 1968)
People v. Taylor (Cal. 1881)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court, McKinstry, J.:

The paper writing offered in evidence, was improperly admitted as the dying declaration of the deceased. The *653evidence is undisputed that immediately prior to, and at the time of the alleged declaration, the deceased stated, in effect, that if he lived two or three days, he expected or hoped to get well. It is obvious that the deceased did not believe himself in such extremity that every hope of this world was gone; he did not believe his dissolution to be actually impending.

Judgment and order reversed, and cause remanded for a new trial.

Mr. Justice Rhodes did not express an opinion.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.