People V. Estrado
California Supreme Court
Appeal from the District Court, Sixth Judicial District, County of Sacramento. Domingo Estrado, the defendant here, and Filomena Cotta, were jointly charged in the indictment with having murdered John Cruse, at Sacramento, in April, 1874. Cruse was killed by the stab of a knife, in the night of the 7th of April, 1874. The next day Estrado and Cotta were arrested for the murder.
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Appeal from the District Court, Sixth Judicial District, County of Sacramento. Domingo Estrado, the defendant here, and Filomena Cotta, were jointly charged in the indictment with having murdered John Cruse, at Sacramento, in April, 1874. Cruse was killed by the stab of a knife, in the night of the 7th of April, 1874. The next day Estrado and Cotta were arrested for the murder. On the 12th of April, they were taken by the police officers to the station house, and were there asked to make statements. Cotta first made a statement in the presence of Estrado and the police officers. On the…
1Opinion of the Court
By the Court, McKinstry, J.:
The conversation of the deceased in the presence of Cotta was admissible, because there was evidence tending to prove a conspiracy between the latter and the defendant.
At the trial the witness, Dunlevy, was asked by the Dis*173trict Attorney, “state what statement Cotta made in the presence of the defendant?” Counsel for the defendant objected to the witness testifying to Cotta’s statement as being irrelevant, improper and incompetent. The action of the Court below in overruling this objection is assigned as error. The response called for by the question could not have…
2Cited by33 opinions
- People v. SimmonsCalifornia Supreme Court · 1946
- Smith v. WhittierCalifornia Supreme Court · 1892
- People v. AmayaCalifornia Supreme Court · 1901
- People v. Wong LoungCalifornia Supreme Court · 1911
- People v. LaparaCalifornia Supreme Court · 1919
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