People v. Rogers

Foote, C. The defendant was convicted of the crime of murder in the first degree; from the judgment therein, and an order refusing him a new trial, he has appealed.

He contends that the prosecution was allowed, over his objection, to introduce evidence which tended to show that prior to the night on which he is alleged to have murdered Kimball, the deceased, while burglarizing the latter’s house, another burglary had been committed of a, saloon belonging to Knight and Pardee, situated some [566]twelve miles distant from the place of Kimball’s murder, and that' from the saloon a pistol, a small nugget of gold, with some other articles, were then and there stolen; that the nugget of gold was found in a box with a piece of cloth around it, other jewelry being also in the box; that the pistol was found in the woods with a sack, which contained articles of food and a cup, and that near the spot where the pistol was found was also discovered a quilt, which the evidence tended to show was-the property of the defendant.

That evidence was also allowed to be introduced, notwithstanding his objection, to the effect that the house of J. S. Connick had been burglarized the night previous to the killing of Kimball, and articles of food, a small sack, and shirt taken therefrom, and that the defendant had been seen in that neighborhood about the time of the commission of the burglary.

It appeared in evidence, in addition to the matters-just stated, that the box containing the jewelry and nugget of gold was found by the witness, Peterson, nearby the spot at which the defendant was arrested, in a certain road; that this box had been on the next morning delivered to one T. M. Brown; that after such delivery he asked the defendant where he got “ that jewelry,” or “the jewelry that is in the box,” to which the-defendant answered that he got it from Dan (who Dan was not being shown); that Mr. Knight identified the pistol as being one taken from the burglarized saloon, and Mr. Pardee identified the nugget of gold which was in the box when delivered to Mr. Brown as having been taken at the same time with the pistol.

It was also shown that the person who entered Kim-ball’s dwelling and killed him used, to effect his burglarious entrance, a knife and a chisel, and that said' articles, some food, a cup, a shirt, and a sack had been taken from the burglarized house of Connick, and belonged to him; that around the box containing the [567]