People v. Smalling

The appellant was convicted of murder in the first degree, with punishment fixed at imprisonment for life, and now appeals from the judgment. For a reversal of the judgment he relies upon the following assigned errors of law: 1. The court erred in admitting in evidence the written confession of defendant, under objection; 2. The court erred in excluding exhibit B from the jury, it being the evidence of what occurred on the discharge of the jury at the first trial of the action, and in sustaining the people’s objection thereto; 3. The court erred in denying defendant’s motion to be discharged…