People v. Lopez

Criminal Law—Homicide—Degree of Offense—Harmless Error.— One charged with murder and found guilty of murder in the second degree cannot complain because the verdict is more favorable to him than the evidence warrants.

Id.—Polling Jury—Compliance with Code.—The polling of a jury, whereby the clerk again reads the verdict and asks each member of the jury, “Is this your verdict?” to which each replies in the affirmative, is a sufficient compliance with section 1163 of the Penal Code.

Id. — Interpreter for Witness — Beview of Appointment. — The appointment of an interpreter for a witness is for the judicial determination of the court, and its ruling denying a request for an interpreter will not be disturbed on appeal if the record fails to show that the witness was unable to speak or understand English.

Id.—Conduct of District Attorney—Whether Prejudicial.—A statement by the district attorney to the jury in a homicide case that he believes upon his oath as an attorney that the defendant has not told “what happened there that night,” is not prejudicial, especially if the court instructs the jury to consider the statement as argument and not as a statement of fact.

Id.—-Witness—Impeachment by Showing Statements at Preliminary Hearing.—A witness cannot be impeached by showing that he testified differently at the preliminary hearing, unless he is shown a transcript of the testimony there taken, although he testified through an interpreter.

Id.—Evidence as to Whether Deceased was Anglo-Saxon.—Evidence in a homicide trial as to whether the deceased was an Anglo-Saxon, though inadmisible, was not prejudicial.

Id.-—-Good Character of Defendant—Necessity of Bequest for Instructions.—The accused in a homicide case is not in a position to complain of the failure of the court to instruct upon his good character, if no request for such instruction was made.