People v. Ah Yute
California Supreme Court
Appeal from the District Court of the Fifteenth Judicial District, San Francisco. The defendant was convicted of murder, and moved for a new trial which was denied, whereupon he appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court :
The affidavit presented by the defendant was not sufficient to entitle him to a continuance of the cause.
It states that the absent witness, soon after the homicide, left this State for Portland, in the State of Oregon. The homicide was committed in January, 1878, the indictment was found in May, and the affidavit was filed in October of the same year. The defendant does not state that he has heard from the witness since he left this State, nor does he state any fact tending to show that he expects to be able to procure his attendance at a future day. He should have stated facts…
2Cases cited3 opinions
- People v. McCreaCalifornia Supreme Court · 1867
- People V. EstradoCalifornia Supreme Court · 1874
- People v. FrancisCalifornia Supreme Court · 1869
3Cited by20 opinions
- People v. SimmonsCalifornia Supreme Court · 1946
- People v. AmayaCalifornia Supreme Court · 1901
- People v. HaydonCalifornia Court of Appeal · 1912
- People v. LeyshonCalifornia Supreme Court · 1895
- Ball v. United StatesCourt of Appeals for the Ninth Circuit · 1906
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