People v. Ybarra

At the January term, 1860, Baldwin, J. delivered the opinion of the Court

Field, C. J. concurring.

Indictment for murder. The defendant was indicted in Calaveras county for murder, and convicted of the first degree of that crime. Upon the trial, the declarations of the deceased, a Mexican woman named Juana, were admitted. The deceased, at the time of making these declarations, was lying down, suffering very much from the effects of a mortal gunshot wound, received in the abdomen. She died about four o’clock, p. m. of the next day after *168she was shot. One witness testified that before noon of…