People v. Montgomery

1. There was no error in granting leave to the prosecution to interpose a peremptory challenge to the juror Duncan, under the circumstances stated in the bill of exceptions. Under sec. 1068 of the Penal Code, the Court, in the exercise of a sound discretion, may permit a peremptory challenge, even after the jury is sworn; and a fortiori, it may permit it before the jury is sworn, even though the juror is accepted; and it will not be presumed the Court abused its discretion.

2. If the Court erred in permitting the prosecution to put in evidence so much of the dying declaration of the deceased as stated that there had been a previous difficulty, between the deceased and the defendant and his father, the error could not have prejudiced the defendant, inasmuch as he subsequently proved by several witnesses not only the fact that the difficulty had occurred, but all the details of it.

3. There was no error in excluding the evidence offered by the defendant to the effect that, while confined in jail on this charge, he had an opportunity to escape from the jail, but declined to avail himself of it. The flight of a person suspected of having committed a crime is a circumstance which, if…