People v. Arrighini

Citations

• 122 Cal. 121
• 54 P. 591
• 1898 Cal. LEXIS 545

Syllabus

<p>of Defendant.—Upon the trial of a defendant accused of the murder of his brother, where there was evidence that the deCendant fired the fatal shot under the belief that his brother was a tramp approaching toward him in a threatening attitude, and that after the shooting he exhibited signs of great grief, and that he was ill, and under the effects of a large quantity of quinine, at the time of the shooting, witnesses for the prosecution who observed the appearance and manner of the defendant shortly after the homicide, may be asked if they saw anything strange or peculiar in his manner.</p> <p>Id.—Anticipation of Defense—Harmless Error—The prosecution should not have anticipated the defense with evidence as to the manner and appearance of the defendant shortly after the homicide; but error in introducing such evidence at the wrong time will not justify a reversal.</p> <p>Id.—Cross-Examination of Defendant—Impeachment—Perjury.— Upon cross-examination of the defendant as a witness in his own behalf, it is not competent to introduce, for the purpose of impeachment, evidence showing that he committed willful perjury at the coroner’s inquest, upon a matter concerning which he had not testified in chief.</p> <p>Id.—Evidence ‘ of Specific Acts.—Specific bad acts, or specific instances of untruthfulness, cannot be shown for the purpose of impeaching a witness.</p> <p>Id.—Attack upon Defendant’s Character—A defendant cannot be cross-examined as to other matters for the purpose of discrediting him by an attack upon his character, which does not concern the matter about which he has testified.</p> <p>Id.—Constitutional Protection of Defendant.—A defendant accused of crime in this state has a constitutional right to be protected from forced examination as to any matters concerning which he has not voluntarily testified in his own behalf; and no evidence can be wrung from him.</p> <p>Id.—Waiver.—A defendant does not waive his constitutional right to protection by taking the st