People v. Bonney

Citations

• 98 Cal. 278
• 33 P. 98
• 1893 Cal. LEXIS 906

Syllabus

<p>Criminal Law—Testimony of Accomplice—Admissions of Defendant—Instructions.—In a criminal prosecution, where the only evidence to justify a verdict against the defendant was the testimony of an admitted accomplice and that of a third person as to the defendant’s oral admissions, the refusal of the court to instruct the jury that “ the testimony of an accomplice ought to be viewed with distrust, and the evidence of the oral admissions of a party with caution,” is prejudicial error.</p> <p>Id. — Construction of Code — “Proper Occasion” for Instruction. — Subdivision i of section 2061 of the Code of Civil Procedure, providing that the court shall instruct the jury in a criminal prosecution “on all proper occasions ” that “ the testimony of an accomplice ought to he viewed with distrust, and the evidence of the oral admissions of a party with caution,” does not require the court to charge the jury with respect to matters of fact; and though it is not a proper occasion for such an instruction where it would discredit one of the defendant’s witnesses, it is a proper occasion therefor when the testimony therein referred to is offered for the people against the defendant.</p>