People v. Ah Wing

Good Law
1917 Cal. App. LEXIS 354·35 Cal. App. 218·169 P. 402
Court of Appeal of CaliforniaNovember 6, 1917Crim. No. 390.California2,395 words

Opinion

Lead Opinion

Burnett, J.

Appellant was charged with one Henry Lee of the crime of murder, and on a separate trial was convicted of murder of the second degree and sentenced to life imprisonment. His associate was convicted of murder of the first de- . gree and his conviction recently affirmed by this court. (People v. Lee, 34 Cal. App. 702 , [ 168 Pac. 694 ].) It is sufficient to refer to said decision for a general statement of the case, and it may be further said that therein were considered some of the important points urged herein for a reversal. However, it is proper to state that, speaking generally, the record here presents the defendant in a somewhat less odious light than Henry Lee was exhibited in the other record, though by this it is not meant to say that the evidence is insufficient to warrant the verdict. Indeed, there could be found ample justification for a conviction of the higher offense, but there seems herein more plausibility in the contention that the defendant acted in self-defense than in the other case, and more reason in his claim that certain alleged errors resulted to his prejudice. As to these, however, it is manifest that many of the rulings complained of cannot be…

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