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People v. Methvin

Supreme Court of California
Apr 1, 1878
53 Cal. 68 (Cal. 1878)

Summary

In People v. Methvin, 53 Cal. 68, a similar question was held to be improper; but in this case the question was asked and answered without objection.

Summary of this case from People v. Ramirez

Opinion

         Appeal from the County Court of Colusa County.

         The defendant was tried for the crime of robbery. At the trial the Court permitted the District Attorney, for the purpose of impeaching the veracity of a witness who had testified in behalf of the defendant, to ask the question as stated in the opinion of the Court. The defendant was convicted, and appealed.

         COUNSEL:

         A. L. & T. J. Hart, for the Appellant.

         Attorney-General Hamilton, for the People.


         OPINION          By the Court:

         The Court below erred in permitting the question, (against the objection of defendant's counsel) " From what you know of his reputation, and what you know of him ," [the witness sought to be impeached] " would you believe him under oath in a matter in which he is interested?"

         Assuming that the question was in other respects proper, it is clear that, in so far as it authorized the witness under examination to base belief on his personal knowledge--as distinguished from general reputation--the question was improper.

         Judgment and order reversed, and cause remanded for a new trial.


Summaries of

People v. Methvin

Supreme Court of California
Apr 1, 1878
53 Cal. 68 (Cal. 1878)

In People v. Methvin, 53 Cal. 68, a similar question was held to be improper; but in this case the question was asked and answered without objection.

Summary of this case from People v. Ramirez
Case details for

People v. Methvin

Case Details

Full title:THE PEOPLE v. J. D. METHVIN

Court:Supreme Court of California

Date published: Apr 1, 1878

Citations

53 Cal. 68 (Cal. 1878)

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The question as propounded was perfectly competent to show such general reputation, and while technically it…

People v. Ramirez

The last objection urged is, that the district attorney, in the course of the examination of a witness…