People v. Ah Fung
California Supreme Court
Appeal from the Sixteenth District. Indictment for murder. On the trial the prosecution introduced Lew Fung, who was the only witness to the supposed killing, and he testified, in substance, that he and Tong Hoy, the deceased, were traveling along a road when they met a large party of their countrymen—entire strangers—six of whom, without a word of difficulty, seized witness and Tong Hoy, took them aside into the chapparal, tied witness to a bush, and then one of the Chinese…
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Appeal from the Sixteenth District. Indictment for murder. On the trial the prosecution introduced Lew Fung, who was the only witness to the supposed killing, and he testified, in substance, that he and Tong Hoy, the deceased, were traveling along a road when they met a large party of their countrymen—entire strangers—six of whom, without a word of difficulty, seized witness and Tong Hoy, took them aside into the chapparal, tied witness to a bush, and then one of the Chinese struck Tong Hoy on the head with the sword, another pierced him in the back, when he fell, and witness escaped and has…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
The defendants,- who were Chinamen, were indicted for murder, and convicted of the first degree of that crime.
It is assigned for error, among other things, that the Court erred in instructing the jury: “As to the apparent absence of motive, I give you in charge that it cannot be considered either as proving or disproving the ease. If the question is asked, 6 Why did these prisoners kill the deceased ? ’ the law answers only, ‘ Why did any person kill him ? ’ Or, in reply to the argument of counsel, that no one would kill another under the circumstances stated, you…
2Cited by8 opinions
- State v. FoleySupreme Court of Missouri · 1898
- Antone v. State of ArizonaArizona Supreme Court · 1937
- State v. DavidSupreme Court of Missouri · 1895
- State v. LuceyMontana Supreme Court · 1900
- People v. ByrnesCalifornia Supreme Court · 1866
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