People v. Smith

Defendant was convicted of manslaughter for the killing of one Emelio Bencomo, in the county of Kern, ■and was adjudged to suffer imprisonment in the state prison for the term of ten years. He appeals from the j udgment and from an order denying him a new trial.

1. Appellant’s first contention is that there was no evidence to prove venue. But this objection is not sustained by the record. It is true, as appellant urges, that no witness was asked the direct question, nor testified in so many words, that the killing took place in Kern county; but this was not essential if the fact ■otherwise sufficiently appeared. Appellant contends that the ■only evidence touching upon the question was contained in the ■deposition of the witness Miller, taken at the coroner’s inquest; that this deposition was introduced at the trial for another purpose, and was not competent or admissible to prove venue. The deposition was introduced and read in its entirety without objection, and while the primary purpose of its introduction was apparently other than to establish the venue, the purpose was not limited, and being in evidence, could be regarded in aid of any fact which it intended to establish. A…