People v. Leung Ock

The defendant was informed against for the murder of one Wing Ga in the cóunty of Siskiyou, was tried and convicted of murder in the first degree, and the death penalty was imposed. He appeals from the judgment and from the order denying him a new trial. The points presented. upon appeal are briefly stated by his counsel without argument and without citation of authority. They have, however, one and all, been carefully examined, and the conclusion has been reached that they are without merit.

1. It is asserted that the court erred in allowing Chong Chung to testify as to the defendant having used part of a Chinese company’s money, and it is said that this testimony had a tendency to hold the defendant before the jury as an embezzler. Such, however, was neither the intent nor the effect of the evidence. The defendant admitted the killing, but sought to justify upon the plea of self-defense. Prom his own evidence it appears that the deceased had made a demand upon him for money. It was further sought to be shown by the prosecution that the deceased had money in his cabin; that the defendant was penniless before the homicide, and was in funds immediately thereafter. In the…