Tung

People v. Tung

Good Law
1891 Cal. LEXIS 943·90 Cal. 377·27 P. 295
Supreme Court of CaliforniaJuly 26, 1891No. 20784California398 words

Opinion

Lead Opinion

Garoutte, J.

The defendant was convicted of robbery, and appeals from the judgment and order denying his motion for a new trial.

It is insisted that the court erred in its decision of questions of law. Many of the exceptions to the court’s rulings are technical in the extreme, and others have not even a technicality upon which to lean for support. As an example, at the trial it was conceded that-there "was blood upon defendant’s coat; a witness testified that shortly after the alleged robbery he saw the defendant, and there was fresh blood upon his coat. Counsel for defendant moved to strike out the statement as to its being fresh blood, upon the ground that the witness had not shown himself to be an expert. We fail to see that the question involved was such as to prevent any witness of ordinary understanding from testifying regarding it. The remaining exceptions were based upon rulings made upon matters largely in the discretion of the court, and we discover no abuse of that discretion.

The offense was proven to have been committed in the city of Los Angeles, which constitutes sufficient proof of the venue. (People v. McGregar, 88 Cal. 140 , and cases there cited.)

The evidence is…

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