People v. Yee Fook Din

The defendant was charged with the crime of an assault with intent tó commit murder, alleged to have been made with a dagger, and was convicted. He appeals from the judgment and from an order denying a motion for a new trial.

It is clear that improper evidence highly prejudicial to appellant was erroneously admitted, and the only question is whether or not appellant made and took proper objections and exceptions.

The assault was committed about midnight on December 4, 1893, at the corner of Pacific and Dupont streets, in the city of San Francisco, and defendant was not arrested until January 1st—twenty-seven days after-wards. On the witness-stand the officer who made the arrest was asked by counsel for the people, “ Did you find any thing on him”? To this counsel for appellant objected and the objection was overruled and exception taken. Perhaps this question was not vulnerable to a general objection, as it might have elicited an answer that would have been relevant and proper. The answer was: “I found this pistol and knife.” Ho motion was made by appellant to strike out this answer. He was then asked to state, “on what part of his person you found this dagger.” To this the…