People v. Yut Ling

Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new trial.

The defendant was prosecuted for murder, was found guilty of murder in the first degree, and was sentenced to death. He appeals from the judgment of conviction, and from an order refusing a new trial. On the trial, after the evidence was concluded, the judge of the court, at the request of the counsel for the defendant, made an order that the jury view the locus in quo. In making the view, the jury kept in a body as much as the nature of the premises viewed would permit, and although some of them were occasionally in different parts of the premises, and out of sight of the defendant .and of each other, they were never out of hearing, and were never far distant from each other. The judge of the court did not accompany the jury on the view. The grounds upon which the new trial was asked were, that the view was had in the absence of the judge, and that the jury was guilty of misconduct while making the view. The further facts are stated in the opinion of the court.