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eBook details

• Title: People V. Danielly
• Author : Supreme Court Of California
• Release Date : January 25, 1949
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

Defendant was charged with the murder of his wife and with assault upon his wife's friend, Mrs. Elva Sam, with intent to commit murder. To each charge he pleaded not guilty and not guilty by reason of insanity. Upon trial of the general issue a jury found that he was guilty of each offense and that the murder was of the first degree. The verdict upon the murder count was silent as to penalty. The issue raised by defendant's plea of not guilty by reason of insanity was tried before the same jury which had tried the general issue; such jury disagreed and was discharged. Another jury was selected; the issue of defendant's sanity was retried; and the jury found that defendant was sane at the time of the commission of the offenses. Defendant appeals from the ensuing judgments, which impose, respectively, sentences of the death penalty and imprisonment for the term prescribed by law, and from an order denying defendant a new trial. His principal contention is that the trial court erred to his prejudice in refusing to admit, on the trial of his plea of not guilty, evidence which, he asserts, would have tended to establish that he acted in a "heat of passion" and, hence, to show lack of deliberation and premeditation and malice aforethought, essential elements of the crimes of which he was convicted. As is hereinafter shown, the exclusion of such evidence as was offered and rejected was proper because, although the proof of malice aforethought and deliberation and premeditation was, of course, an essential part of the prosecution's case, the rejected evidence was not materially relevant to any theory of defense raised upon the trial of the general issue. Its irrelevancy is made particularly apparent by defendant's own testimony. No claim of prejudicial error is directed at the trial on the plea of not guilty by reason of insanity.

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