Taing

A document will not constitute a part of a bill of exceptions, unless it be incorporated therein, or be therein referred to in such manner as to identify it. The Reporter’s notes are brought up with the record in this case; but as they are not even referred to in the bill of exceptions, they constitute no part thereof, and cannot be considered on this appeal.

The defendant challenged one of the jurors on the ground of actual bias ; but the record does not show any exception to the decision of the Court in the admission or rejection of testimony upon the trial of the challenge. The Penal Code, sec. 1170, does not authorize an exception to be taken to a decision disallowing a challenge to a juror for actual bias. (See People v. Cotta, 49 Cal. 166 ; People v. Vasquez, 49 Cal. 560 .)

The defendant also presents the point that the Court erred in refusing to permit him to prove that the deceased, a few days before the homicide, had stated to Ah Jim that he, the deceased, owed money to the defendant, and that if the defendant should speak to him again about it, he would kill him; and that the witness, prior to the homicide, had communicated the threat to the defendant. The record shows…