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People v. Webb

Supreme Court of California
Jun 30, 1886
70 Cal. 120 (Cal. 1886)

Summary

In People v. Spiers, 4 Utah 385, 10 P. 609, 11 P. 509, we held that remedy by appeal from a justice's court threatening to proceed without jurisdiction in a criminal case was not an adequate remedy.

Summary of this case from ALLEN v. LINDBECK, JUSTICE OF THE PEACE, ET AL

Opinion

         Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial.

         COUNSEL:

         John D. Whaley, for Appellant.

          Attorney-General Marshall, for Respondent.


         JUDGES: In Bank.

         OPINION

         THE COURT          On the trial of this case, after the prosecution had announced that the case was closed, the court permitted the district attorney to recall a witness for the defendant, who had been examined and cross-examined, for further cross-examination, in order to lay a foundation for impeaching him. On the cross-examination for that purpose, the witness was asked questions, which were answered without objections. But the subject-matter of the cross-examination was collateral, and not relative to the issues being tried, and the prosecution was bound by the answers of the witness; as to them he could not be contradicted. It was therefore error to allow, against the objections and exceptions of the defendant, the testimony offered and given to contradict the witness. (People v. Devine , 44 Cal. 452; People v. Furtado , 57 Cal. 345.)

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


Summaries of

People v. Webb

Supreme Court of California
Jun 30, 1886
70 Cal. 120 (Cal. 1886)

In People v. Spiers, 4 Utah 385, 10 P. 609, 11 P. 509, we held that remedy by appeal from a justice's court threatening to proceed without jurisdiction in a criminal case was not an adequate remedy.

Summary of this case from ALLEN v. LINDBECK, JUSTICE OF THE PEACE, ET AL
Case details for

People v. Webb

Case Details

Full title:THE PEOPLE, Respondent, v. GEORGE N. WEBB, Appellant

Court:Supreme Court of California

Date published: Jun 30, 1886

Citations

70 Cal. 120 (Cal. 1886)
11 P. 509

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