People v. McDowell
California Supreme Court
Appeal from a judgment of the Superior Court of San Bernardino County, and from an order refusing a new trial. The defendant was convicted of the murder of one Maggie O’Brien.
Read the full summary
Appeal from a judgment of the Superior Court of San Bernardino County, and from an order refusing a new trial. The defendant was convicted of the murder of one Maggie O’Brien. There was evidence tending to show that the wounds inflicted upon the deceased might have been caused by a slung-shot, and the court allowed the prosecution to introduce the testimony of the witness Eva Hicks concerning an interview she had with the defendant the night before his arrest relating to a slung-shot which he then exhibited and said that “ they (referring to some third persons) had better keep their mouths…
1Opinion of the CourtMyrick, J.
The testimony of the witness Hicks as to the slung-shot in the possession of the defendant, and as to the statement made by defendant, was relevant and material, because there was evidence tending to show that the wounds inflicted upon the person of deceased might have been caused by such an implement. The statements of the witnesses Vfixon Rice and Cheatham, as to the place where the deceased was supposed to have been killed, were for the purpose, merely, of locating the spot, as foundation for further examination, and was so stated. *468While there are certain portions of the charge of the…
2Cited by5 opinions
- People v. PeeteCalifornia Court of Appeal · 1921
- People v. StoerkelCalifornia Court of Appeal · 1927
- People v. ForsytheCalifornia Supreme Court · 1884
- People v. HookerCalifornia Court of Appeal · 1955
- United States v. KuntzeIdaho Supreme Court · 1889