From Casetext: Smarter Legal Research

People v. Singh

Court of Appeal of California, Second District, Division Two
Feb 5, 1937
19 Cal.App.2d 128 (Cal. Ct. App. 1937)

Summary

In People v. Singh (1937) 19 Cal.App.2d 128 and People v. Salladay (1913) 22 Cal.App. 552, the issue addressed was the intoxication of the witness at the time of the events to which he was testifying.

Summary of this case from Huerra v. Busby

Opinion

Docket No. 2942.

February 5, 1937.

APPEAL from a judgment of the Superior Court of Los Angeles County and from an order denying a new trial. William Tell Aggeler, Judge. Reversed.

The facts are stated in the opinion of the court.

Hitchcock, Cook Obegi and Wiley J. Shannon for Appellant.

U.S. Webb, Attorney-General, and James S. Howie, Deputy Attorney-General, for Respondent.


Defendant was convicted after trial by the court without a jury of violation of section 500 of the Vehicle Code. This appeal is from the judgment and order denying a new trial.

The facts are these:

August 4, 1936, a collision occurred on Ventura Boulevard near the intersection of Whitsett Avenue in the county of Los Angeles between two automobiles, one driven by defendant and another operated by Fred Bain. At the point of intersection Ventura Boulevard runs approximately east and west. Defendant was driving in an easterly direction on the boulevard, while the car operated by Fred Bain was traveling westerly on the same highway. Irene Liston was riding in the car being operated by Bain and received injuries as a result of the collision from which she died.

Defendant testified that the collision occurred at a point on the south side (that is while he was on his side) of Ventura Boulevard, while Fred Bain gave testimony that the accident occurred on the north side (that is on his side) of Ventura Boulevard.

This is the sole question necessary for us to determine:

[1] Did the trial court commit prejudicial error in sustaining an objection to an offer of defendant to prove that the witness, Fred Bain, was intoxicated at the time of the accident?

During the course of the trial Fred Bain was sworn as a witness and testified as follows:

"Q. What was the last thing you recall before you were in the field, Mr. Bain?

"A. The lights looming up just ahead of me.

"Q. At that time, on which side of the highway were you?

"A. I was on my right. On the right side of the highway."

Thereafter on cross-examination and by another witness defendant offered to prove that Fred Bain was intoxicated at the time of the accident. Objection was made to this offer of proof and sustained by the trial court.

The law is settled in this state that it is proper to show, as affecting his capacity to observe, recollect, and communicate, that a witness was intoxicated at the time the events narrated occurred. (27 Cal. Jur. 119, sec. 93; People v. Bennett, 79 Cal.App. 76, 94 [ 249 P. 20]; People v. Salladay, 22 Cal.App. 552, 554 [ 135 P. 508].)

Hence in the instant case the testimony excluded by the trial court was admissible, and, in view of the fact that the witness had testified to a vital issue in the case, to wit, that he was on the right side of the highway at the time the accident occurred, this error was highly prejudicial to defendant's rights, and the judgment is not saved by the provision in section 4 1/2, article VI of the Constitution of California.

The judgment appealed from is reversed.

Crail, P.J., and Wood, J., concurred.


Summaries of

People v. Singh

Court of Appeal of California, Second District, Division Two
Feb 5, 1937
19 Cal.App.2d 128 (Cal. Ct. App. 1937)

In People v. Singh (1937) 19 Cal.App.2d 128 and People v. Salladay (1913) 22 Cal.App. 552, the issue addressed was the intoxication of the witness at the time of the events to which he was testifying.

Summary of this case from Huerra v. Busby

In People v. Singh (1937) 19 Cal.App.2d 128 and People v. Salladay (1913) 22 Cal.App. 552, the issue addressed was the intoxication of the witness at the time of the events to which he was testifying.

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

People v. Singh

Case Details

Full title:THE PEOPLE, Respondent, v. BELLA SINGH, Appellant

Court:Court of Appeal of California, Second District, Division Two

Date published: Feb 5, 1937

Citations

19 Cal.App.2d 128 (Cal. Ct. App. 1937)
64 P.2d 1149

Citing Cases

State v. Taylor

Proof that a witness was drinking intoxicating liquor or was intoxicated at the time of the event concerning…

People v. Harvey

Without question it is proper to show, as affecting an eyewitnesss capacity to observe and recollect, that…