State v. Fong Loon (Idaho 1916), 29 Idaho 248

Summary

The court reversed the manslaughter judgment because the trial court improperly restricted cross-examination concerning the interpreter's narcotics use and admitted a purported dying declaration lacking a proper foundation. The declaration was unreliable because the interpreter's accuracy and credibility were central, and the declarant repeatedly expressed uncertainty about death and retained some hope of recovery. Justice Morgan, concurring specially, agreed with reversal but disagreed that the gambling-place question was proper under the impeachment statutes.

Holding

Cross-examination concerning the interpreter's habitual narcotics use. The trial court committed reversible error by excluding questions and proposed independent proof concerning Yee Wee's habitual use of opium, yen she, or similar narcotics and their possible effects on his memory, mental balance, truthfulness, and translation capacity.

Cross-examination concerning the interpreter's residence and alleged gambling-place use. The question whether the basement where the interpreter lived was used as a gambling place was proper cross-examination concerning his business, occupation, manner, and place of living, although exclusion of that question alone would not have required reversal.

Testimony by persons who did not understand the deceased's language. A witness who did not understand the language spoken by the deceased and learned the deceased's statements only through an interpreter was not competent to testify to those statements because the witness lacked personal knowledge.

Admissibility of the purported dying declaration. The purported dying declaration was inadmissible because it was not shown to have been made under a settled apprehension of impending death and without hope of recovery, and its final clause was not shown to be the deceased's voluntary statement.

Summary

Holding

Cited by