Legal Opinion

People v. Ah Yute

California Supreme Court

Decided July 1, 1880No. 10,381PublishedCited by 9 opinions

Appeal from a judgment for the plaintiff, and from an order denying a new trial, upon an indictment for murder, in the Fifteenth District Court, City and County of San Francisco. Dwinelle, J. The facts are stated in the opinion.

1Opinion of the Court

In bank, Ross, J.:

Houghtaling, the police officer, who arrested the defendant, took him, on the day of the homicide, to the place where the body of the deceased was lying, and where they met Ah Heong, a Chinese woman, and he (Houghtaling) was asked by the prosecution what she said in the presence of the defendant. Defendant objected to the question, on the ground that it wag incompetent, and sought to elicit hearsay testimony. The objection being overruled, the witness answered : “ She said, this (the defendant) is the man who shot and killed him.”

The prosecution did not show, or attempt to…

2Cases cited1 opinion

  1. People v. McCreaCalifornia Supreme Court · 1867

3Cited by9 opinions

  1. People v. Wong LoungCalifornia Supreme Court · 1911
  2. People v. LaparaCalifornia Supreme Court · 1919
  3. People v. LongCalifornia Court of Appeal · 1907
  4. People v. AyhensCalifornia Court of Appeal · 1911
  5. Thrasher v. Board of Medical ExaminersCalifornia Court of Appeal · 1919

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