Summary
In People v. Snellie (No. 2,959), decided at the April term, 1872, but not reported, a witness was asked if he had been arrested for larceny.
Summary of this case from People v. ManningOpinion
Appeal from the County Court of the City and County of San Francisco.
COUNSEL:
Geo. W. Tyler, for Appellant.
Jo Hamilton, Attorney General, for Respondent.
JUDGES: Rhodes, C. J., delivered the opinion of the Court.
OPINION
RHODES, Judge
On cross-examination of the defendant, who was sworn as a witness in his own behalf, the District Attorney asked the following question: " Were you not convicted and sentenced to the County Jail, for an assault on a girl about ten years of age?" to which question the defendant's counsel objected, on the ground that the testimony of the witness was not the best evidence of the conviction. The objection was overruled. The Court erred in overruling the objection. (People v. Reinhart, 39 Cal. 449.)
Judgment reversed, and cause remanded for a new trial.