People v. Cuff

Criminal Law—Instruction—Power to Produce Stronger Evidence.— An instruction based upon subdivisions 6 and 7 of section 2061 of the Code of Civil Procedure, in reference to the effect of the failure of a party to produce stronger and more satisfactory evidence than that offered when in his power to do so, ought rarely, if ever, to be given in a criminal case in which the jury are the sole and exclusive judges of the weight of evidence; and if the only plausible application of such an instruction is to the failure of the defendant to testify in his own behalf, it is prejudicially erroneous.

Id.—Attempt to Kill by Poison—Evidence—Collateral Facts.—Upon the trial of a defendant charged with an attempt to kill a person named by the administration of poison, consisting of strychnia, the evidence of which was circumstantial, evidence of collateral facts, tending to connect the defendant with other events and offenses of a different character and in relation to other persons, occurring some time previous to the offense charged, which did not in any appreciable decree tend to show a motive for the attempted murder, is inadmissible.

Id.—Purchase oe Chloroform by Defendant.—It may be proved that chloroform was purchased by the defendant, and was in bis possession when arrested, as tending to show to some degree his intention toward the person to whom poison was administered.

Id.—Conversations with Defendant—False Explanations.—Conversations had with the defendant by a witness, in which he gave false reasons for being in the place where the poison was administered, on the day of its administration, are relevant and competent evidence for the prosecution.

Id.—Motive of Offense—Rivalry of Suitors—Evidence that the defendant was an unsuccessful rival of the person poisoned, and a persistent suitor for the hand of a young lady to whom the person poisoned was engaged to be married, and that that person had seen one who resembled the defendant in company with her and another young lady prior to the date of the poisoning, is admissible as tending to show a motive for the alleged crime. Id.—Reprehensible Details Inadmissible.—The rivalry of the suitor should only be sho-wn generally; and it was not admissible to prove reprehensible details of the defendant’s courtship.

Id.—Purchase and Possession of Strychnia—Rebutting Evidence.— After -proof by the prosecution of the purchase of strychnia by the defendant, and his possession of it when arrested for the crime of administering it with intent to kill, it is error to exclude rebutting evidence tending to show that defendant was a farmer, and that the farmers generally in the neighborhood where he resided purchased strychnia, and had it in their possession for the purpose of poisoning “varmints.”