People v. Shem Ah Fook
California Supreme Court
Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new trial. The defendants were charged with murder. At the trial certain admissions of the defendants, made in conversations between themselves, and overheard by the witnesses for the prosecution who had been so placed that they could overhear what was said, were admitted in evidence, and the court refused to strike them out.
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Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new trial. The defendants were charged with murder. At the trial certain admissions of the defendants, made in conversations between themselves, and overheard by the witnesses for the prosecution who had been so placed that they could overhear what was said, were admitted in evidence, and the court refused to strike them out. In instructing the jury the court charged them against attaching too much importance to certain cases- which were called to their attention by counsel for the defendants showing…
1Per curiam
1. We cannot say the court below abused its *382discretion in refusing to allow defendants to withdraw the plea of not guilty, and to interpose a demurrer and motion to set aside the information.
2. Nor did the court err in denying defendants’ motion to dismiss the information. On motion of defendant an information may be set aside if it be not signed by the district attorney, or if, before the filing thereof, the defendant was not legally committed by a magistrate. (Pen. Code, § 995.) In the case at bar, the information was subscribed by the district attorney of the county, and the transcript…
2Cases cited1 opinion
- People v. CroninCalifornia Supreme Court · 1867
3Cited by23 opinions
- People v. AtchleyCalifornia Supreme Court · 1959
- People v. SeumanuCalifornia Supreme Court · 2015
- People v. MacDonaldCalifornia Supreme Court · 1914
- People v. BencCalifornia Supreme Court · 1900
- People v. HawkinsCalifornia Supreme Court · 1899
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