People v. Teshara

The defendant appeals from a judgment of conviction of murder in the second degree, and from an order denying his motion for a new trial. The error assigned is, that upon the trial the court allowed the prosecution in the cross-examination of the defendant to ask questions not relating to matter testified to by him upon the examination in chief.

There was no evidence for the prosecution showing the circumstances of the homicide other than that contained in the dying declaration of the deceased, Garrett D. Loucks. He was a saloon-keeper in Santa Cruz. According to this declaration, as…