People v. Glenn
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The defendant was indicted for the crime of murder, tried, and convicted of manslaughter.
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Appeal from the District Court of the Fifth Judicial District, County of San Joaquin. The defendant was indicted for the crime of murder, tried, and convicted of manslaughter. On the trial, and after the close of the testimony, the defendant asked the Court to charge the jury as follows, to wit: “1. That if they believe the deceased, Frank Brubaker, made an assault upon the defendant, with a deadly weapon, and that that weapon was a pistol, the defendant was justified in killing the deceased, Frank Brubaker. “2. That if the deceased, Frank Brubaker, made an assault upon the defendant, with a…
1ConcurrenceTerry, C. J.
The defendant was indicted for murder and convicted of manslaughter.
1. The first point made by the counsel of defendant is, that *36the Court below erred in admitting in evidence the dying declarations of the deceased, Francis Brubaker. The learned counsel maintains this point upon two grounds: first, that dying declarations are inadmissible under our statute, which provides that the defendant is entitled to be confronted with the witnesses against him, in the presence of the Court; second, that conceding that such declarations are admissible, they can only be received in cases of secret crime,…
2Cases cited1 opinion
- People v. AppleCalifornia Supreme Court · 1857
3Cited by11 opinions
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- People v. VernonCalifornia Supreme Court · 1868
- People v. KeelinCalifornia Court of Appeal · 1955
- People v. . CoreyNew York Court of Appeals · 1898
- Hunter v. StateCourt of Criminal Appeals of Texas · 1910
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