People v. Bruzzo

Citations

• 24 Cal. 41

Syllabus

<p>Entering nolle prosequi to use Dependant as a Witness.—When two or more persons are jointly indicted, and jointly to be tried, and the District Attorney desires to use one of them as a witness for the people, and makes an application to the Court for his discharge for that purpose, the Court may, before this defendant has gone into his defence, discharge him from the indictment. But unless all these things concur, to wit: a joint indictment, a joint trial, an application on the part of the District Attorney that the defendant be discharged, to be used as a witness for the people, before he has gone into his defence, the Court has no power to direct a defendant to be discharged from the indictment.</p> <p>Discharge from Indictment an Acquittal.—Should all the circumstances above stated concur and the Court discharge the prisoner, the discharge would be an acquittal in legal effect, and bar another prosecution.</p> <p>Dependant in Criminal Case sworn as Witness.—Where one of two or more defendants, jointly indicted and jointly on trial, at the request of the District Attorney, but without any compulsion, takes the stand as a witness for the people, and voluntarily takes the oath, and his counsel objects to his being instructed by the Court that he need not say anything to criminate himself, and then, without any objection being made, or exception taken, voluntarily gives testimony, criminating both himself and his co-defendants; this furnishes no ground for discharging the defendant who testifies from the indictment, or for arresting the judgment, and if erroneous, as no exception was taken, the Supreme Court cannot review the error.</p>