People v. Miller

Appellant was tried upon an information charging him with murder in the first degree committed upon one James Childs. The jury returned a verdict of guilty without imposing a penalty, and he prosecutes this appeal from the judgment of death entered thereon, and from an order denying his motion for a new trial. The errors alleged relate to questions of evidence and the correctness of certain instructions to the jury.

The following outline of the circumstances attending the homicide is essential to a consideration of the questions discussed by counsel for appellant.

„ The homicide occurred November 18, 1896, on Clementina street in the city of San Francisco. For some time prior to that date, and up to within a few days before the homicide, appellant had as a housekeeper one Mrs. Nellie Ryan, a widow. Whether any other relation existed between them is disputed and not important to be considered.

A few days before the homicide they separated, and on that day Miller went to the house of one Mrs. Burns, with whom both were acquainted, and requested her to send for Nellie *345 Eyan, saying he had some money and a house in Texas which he wished to give her. Mrs. Burns’ sister consented…