People v. Carkhuff
California Supreme Court
Appeal from the District Court, Eleventh Judicial District, Placer County. S. D. Carkhuff resided about four miles from the City of Sacramento. He was a single man, and his house was some eighty rods from the nearest neighbor. The defendant, who was his nephew, lived with him, and there were no other inmates of the house. On the twenty-ninth of December, 1862, defendant went to Sacramento in the early part of the day.
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Appeal from the District Court, Eleventh Judicial District, Placer County. S. D. Carkhuff resided about four miles from the City of Sacramento. He was a single man, and his house was some eighty rods from the nearest neighbor. The defendant, who was his nephew, lived with him, and there were no other inmates of the house. On the twenty-ninth of December, 1862, defendant went to Sacramento in the early part of the day. About two o’clock p. nr., deceased, while visiting at the house of Burns, his nearest neighbor, stated that defendant would be home that night. The next morning, about seven…
1Opinion of the Court
By the Court, Rhodes, J.
The defendant was indicted and convicted of murder. He assigns several errors, but it will be unnecessary to consider more than one. Burns, a witness for the prosecution, testified, among other things, as follows : “ Deceased and I lunched together, about two o’clock p. m. ; my wife invited deceased to take supper with us; he declined, saying he must go home to attend to cooking apples; he said, Sam, meaning defendant, would be home that night; that he had gone to the Park to see a favorite officer and witness a review.”
The defendant objected to the declarations and…
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