People v. Cunningham

Citations

• 66 Cal. 668
• 6 P. 700
• 1885 Cal. LEXIS 520

Syllabus

<p>Cbhhnai, Law—Labceny—Evidence of Otheb Offenses—Rebuttal.—After the defendant, 'in a prosecution for the larceny of a band of cattle, has given evidence tending to show that he innocently came into their possession by purchase from another, evidence is admissible in rebuttal to show that a steer belonging to a third person, which was found in the defendant’s possession with the cattle of the complaining witness, was stolen.</p> <p>Id.—Test of Admissibility of Evidence.—The test of the admissibility of evidence of other offenses than the one charged, is the connection between the offenses in the mind of the criminal. When such a connection is shown, evidence of the others is admissible, for the purpose of establishing identity in developing the res gestee, or in making out the guilt of the defendant by a chain of circumstances connected with the crime for which he is on trial. If, however, the evidence of another offense serves in no way to identify the thing stolen, or connect the defendant with the offense for which he is on trial, it forms no part of the res gestee, and as evidence of a distinct offense, unconnected in character and purpose with the offense charged, is inadmissible.</p>