People v. Crespi

Citations

• 115 Cal. 50
• 46 P. 863
• 1896 Cal. LEXIS 969

Syllabus

<p>Criminal Law—Criminal Libel—Preliminary Examination—Jurisdiction of Police Court and Judges.—The police court of the city and county of San Francisco, and police judges sitting as magistrates, have jurisdiction to hold a preliminary examination of a defendant charged with the offense of criminal libel, although the police court has no jurisdiction to try that offense.</p> <p>Id.—Magistrates—Source of Authority—Jurisdiction.—Magistrates, as defined and enumerated in the Penal Code, including police judges in towns and cities, derive their powers and jurisdiction from the constitution, operating with the acts of the legislature upon the subject; and judges, when sitting as magistrates, have the jurisdiction and powers conferred by law upon magistrates, and not those which pertain to their respective judicial offices.</p> <p>Id.—Examination of Complaining Witness by Defendant—Conspiracy —Impeachment.—Where part of the libelous matter charged was that the complaining witness, who was a newspaper editor and proprietor, was paid by a dishonest and dishonorable cabal or confederation of Italians, known as “ the Camorra,” to libel and vilify certain people, and such complaining witness was called to the stand as a witness for the defendant, and asked, with specifications of time, place, and persons present, if he had not stated that he had instituted the proseeutiou of the defendant at the instance of others, to which he answered that he had not, the defendant cannot be permitted to impeach his own witness by proof that he had made such statement.</p> <p>Id.—Dishonest Character of Camorra—Conspiring Druggists—Rebutting Evidence—Testimony of Physician.—Where, for the purpose of showing the dishonest character of the camorra, with which the complaining witness was stated to have conspired, evidence was introduced to show the improper making of money by druggists of the city who were connected with the camorra, and with a benevolent society controlled by it, through the fur