People v. Cokahnour

Citations

• 120 Cal. 253
• 52 P. 505
• 1898 Cal. LEXIS 745

Syllabus

<p>Criminal Law—Preliminary Examination—Waiter of Time to Prepare— Written Acknowledgment of Offense—Motion to Set Aside Information.—Though a defendant accused of felony cannot altogether waive a preliminary examination, he may waive time to prepare for such examination, and ask that it be proceeded with at once, and upon being informed of the charge against him, and • his rights in the premises, he may voluntarily make a written confession or statement before the magistrate, acknowledging the commission of the offense, and this is competent and sufficient evidence upon which to hold him to answer, without swearing other witnesses to prove the facts confessed; and a motion to set aside the information in such case on the ground that the examination was waived, and that no witnesses were sworn, and that the defendant was not legally examined and committed, is properly denied.</p> <p>Id.—Evidence—'Written Confession—Oral Declaration of Defendant.— The written confession of the defendant made upon the preliminary examination is admissible in evidence against him, and it is no objection to its admissibility that it appeared to have been made by defendant under a state of great excitement; but such written confession is not the best evidence of anything but its own contents, and does not preclude the admission of oral evidence of statements and declarations made by defendant other than those contained in his written confession.</p> <p>Id.—Objectionable Questions of Prosecuting Officer—Censurable Conduct—Action of Court—Insufficient Ground of Reversal.—The conduct of the prosecuting officer, in asking impertinent and objectionable questions of defendant with reference to his domestic relations, is censurable; but where objection thereto was in each instance promptly sustained by the court, and no material injury appears to have resulted to the defendant, such conduct is not ground of reversal.</p>