People v. Woon Tuck Wo

The defendant was convicted of murder in the first degree, the jury fixing his punishment at imprisonment for life. He appeals from the judgment and from an order denying his motion for a new trial.

1. Appellant contends for a reversal of the judgment on account of alleged misconduct of the court, which consisted of remarks made by the judge of the court at the trial concerning certain reporter’s notes. There were some differences between attorneys as to certain reporter’s notes which were offered in evidence, and the remarks of the court objected to were, substantially, simply that the jury as sensible men would understand possible differences in the translation of Chinese into English. These remarks were made incidentally during the progress of the trial, and were not given in the shape of a charge to the jury, and the court said that “the jury will pass on the facts and the whole of the testimony, and it is for them to say what its value is, and what it points to, and what has been proven by it.” Although the trial judge should be careful not to make unnecessary remarks about evidence in the course of a trial, still there was nothing in the incident to which appellant objects…