People v. Denby

Citations

• 108 Cal. 54
• 40 P. 1051
• 1895 Cal. LEXIS 821

Syllabus

<p>Criminal Law—Evidence—Cross-examination of Defendant—Passing Under False Name—Prejudicial Error.—Upon the prosecution of a defendant accused of a crime, who becomes a witness in his own behalf, it is improper upon cross-examination to require him to answer against his objection that he has passed under another than his true name, where such evidence has no connection with the matters concerning which the defendant had testified to in chief; and the admission of such evidence, having a tendency to cast suspicion upon the defendant, is prejudicial error.</p> <p>Id.—Arrest for Begging—Resistance of Unlawful Detention—Justification of Assault.—One who is not a peace officer has no right to arrest, or attempt to arrest, a person for begging, and the person so arrested is justified in resisting such arrest, or in an assault made in attempting to free himself from unlawful detention, upon ascertaining that the person arresting him is not an officer authorized to make the arrest.</p> <p>Id.—Vagrancy—Begging—Unlawful Arrest by Private Person.— Section 647 of the Penal Code makes it an offense for a healthy beggar to solicit alms as a business; but for a beggar to ask assistance on one occasion doe's not make him a vagrant, nor justify his arrest by a private person for the commission of the public offense of vagrancy in his presence.</p> <p>Id.—Rights of Employee of Railroad Company—Removal of Beggar from Cars—Improper Arrest.—An employee of a railroad company has a right to remove a beggar from the cars, and to protect passengers from annoyance-by him, using no unnecessary force to that end; hut he has ño right to arrest him, and the person so arrested is justified in resisting unlawful detention by such employee.</p>