Jones

— The answer of Ensign, that “he had formed an opinion as to the guilt or innocence of the accused, based upon rumor, or what purported to be the facts in the case, which opinion would require evidence to remove, but that it was not a fixed and settled opinion,” differs in no essential particular from the answers given by Davis in King’s Case, 27 Cal. 508 ; and, for the reasons there stated, the court below did not err in disallowing the challenge of the defendant upon the ground of implied bias.

*545 It was not error not to allow the witness Goodman to testify upon cross-examination as to what took place between the defendant and the deceased at Tompkin’s saloon a short time before the homicide was committed. Counsel did not propose to contradict anything the witness had said in relation to what transpired at Brook’s saloon, where the homicide was committed, nor explain in any manner the acts or facts to which the witness had testified. His object was to prove threats made by the deceased at Tompkin’s saloon, which were clearly a part of the defendant’s case. The rules of law in relation to the introduction of evidence do not allow a defendant to open his own case by…