People v. Chin Mook Sow

Juries composed in part of denizens and in part of aliens are not known to our system of laws. The statute determines the qualifications of jurors, and prescribes the mode of drawing and empaneling them: aliens are expressly prohibited from serving in that capacity. (Code Civ. Pro. sec. 198.)

The court below properly held that the evidence failed to show that the deceased did not entertain such belief in a future state as rendered his dying declaration admissible. The inquiry as to religious belief of deceased was not admissible on the point of competency. (People v. Sanford, 43 Cal. 29 .) If designed to affect the credibility of the dying declarations it was properly confined to the opinions, *600 or belief, or want of belief, on the part of the individual. Evidence as to the prevailing religion in the Empire of China, or in a province or district of the empire where deceased was born, or from whence he emigrated to California, would not authorize any inference as to the views of the deceased himself in respect to the subject of rewards or punishments beyond this life. (See Note at end of opinion.)

Nor was the dying declaration inadmissible because the injured person declined…