People v. Ah Len

The appellants were charged by information with the crime of murder, alleged to have been committed on one Fong Ah Lung, in the county of Los Angeles, and were convicted of murder in the second degree. This appeal is from the judgment, and an order denying their motion for a new trial.

During the progress of the trial, Mr. Ling, one of the attorneys conducting the case in behalf of the people, stated to the court in the presence of the jury: “ I would like to have the court direct the defendants to forbid them making threats against Charley Ah Him as he sits here assisting the prosecution of this case. Now, this is *283 the second time that it has been done, and I would like to have the court put a stop to it.....Two or three of the defendants have said here just this instant, ‘ Now you look out what you are doing; you look, or we will fix you.’ ” The court immediately directed the jury to “pay no attention whatever to remarks made by counsel,” and the trial proceeded.

Upon the close of the evidence, the same attorney made the opening address to the jury, and during „the course of his argument, “ he remarked to the jury that the violence of these defendants in killing Fong Ah…