People v. Chew Sing Wing

The defendant was by information charged with the murder of one Leuy Jing. He was tried and convicted of murder in the first degree, and sentenced to be imprisoned for life. He appeals from the judgment, and order refusing him a new trial.

*269 Upon the trial, one Chang Foolc, a witness for the people, testified: “ I was going up Baker’s Alley on the night of the 13th of July, 1889, in San Francisco..... I saw Leuy Jing coming down the alley and the defendant coming seven or eight steps behind him. I saw the defendant fire a pistol at Leuy Jing. After the defendant fired the shot he ran back up the alley, while Leuy Jing kind of hurried off down towards Dupont Street. .... When I saw Leuy Jing shot he ran down the alley.....He said, ‘ Save life,’ and he said, Sun Wing has shot me.’ ”

There was also introduced the dying declarations of the deceased, which were, in substance, that the defendant shot him; that he turned and saw him; that defendant followed him out of his room. He further said: “He accused me of asking Cum Moon for money. I did not attempt to hurt him or any one.”

This was all of the evidence in the case tending to show the circumstances of the shooting, and the…