People v. Jung Qung Sing

McKee, J. This is an appeal from a judgment of conviction of murder in the first degree.

It is assigned as error that the judgment pronounced against the defendant is not in conformity with section 1200 of the Penal Code, which reads: “ When the defendant appears for judgment, he must be informed by the court, or by the clerk under its direction, of the nature of the charge against him, and. of his plea, and the verdict, if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced against him.”

According to this law, á defendant, under conviction in a criminal action, before judgment can be legally pronounced against him, is entitled to be informed of the nature of the charge against him, and of the verdict of conviction upon which the sentence of the law has to be pronounced, so that he may have an opportunity of exercising his right to show cause against pronouncing judgment. If the court should pronounce judgment without giving defendant the required information in the mode prescribed by the law, the judgment pronounced would be irregular and voidable. The right of a defendant under conviction to be informed before judgment of the proceedings against him which have resulted in his conviction is therefore a substantial right.

But there was no denial of the right in this case. The judgment recites:—

“The district attorney, with the defendant and his counsel, M. E. Power and C. L. Witten, Esqs., came into court. The defendant was duly informed by the court of the information presented against him for the crime of murder on the twenty-seventh day of October, 1885, of his arraignment and plea of not guilty, of his trial, [471]and the verdict of the jury on the twenty-seventh day of January, 1886, ‘ guilty of murder in the first degree.’ The defendant was then asked if he had any legal cause to show why judgment should not be pronounced against him, to which he replies that he has none. And no sufficient cause being shown or appearing to the court, thereupon the court renders its judgment.

“That whereas the said Jung Qung Sing having been duly convicted in this court of the crime of murder in the first degree, it is therefore ordered, adjudged, and decreed that judgment of death be and is hereby pronounced and entered against the said defendant, Jung Qung Sing, and that he be by the sheriff of Santa Clara County, at the place provided by law, hanged by the neck until he be dead. The defendant was then remanded to custody.”