People v. Gonzales

Appellant was convicted of the crime of murder in the first degree, and, in accordance with the verdict rendered, sentenced to imprisonment for life.

Deceased, Abraham Morales, with his wife and others, among whom was appellant, attended a gathering at the house of a neighbor on the evening of August 13, 1916. About 9 o’clock, P. M., defendant requested deceased to step out of the house with him, ostensibly for the purpose of a private conversation; whereupon deceased left his wife and went out side with defendant. A few minutes thereafter a pistol shot was heard and Morales was found a short distance from the house, suffering from a bullet wound which caused his death three days later.

The court permitted the prosecution to introduce state* ments made by deceased immediately after being shot. Their reception in evidence was objected to upon the ground that they were not made under a sense of impending death, and therefore inadmissible as dying declarations. Touching the question, deceased, when found lying upon the ground, among other things, said: “He [referring to defendant] took advantage of me; run me out friendly and now done me. I am done.” “Joe [referring to defendant]…