People v. Dillwood

Citations

• 4 Cal. Unrep. 973
• 39 P. 438
• 1895 Cal. LEXIS 1185

Syllabus

<p>Witnesses—Cross-examination.—Where the Testimony of a Witness for the prosecution is materially different on the trial from what it was on preliminary examination, the extent to which defendant is to he allowed on cross-examination to go into the present surroundings of the witness, in order to show the motives inducing him to change his testimony, is within the discretion of the court.</p> <p>Witnesses—Impeachment by Testimony on Preliminary Examination.—Under Code of Civil Procedure, section 2052, it is proper, when the testimony of a witness on preliminary examination is sought to be used to contradict the witness, to require it to be read and shown to the witness on demand.</p> <p>Witnesses—Impeachment—Pending Criminal Charges.—To discredit a witness for the prosecution, it may be shown that criminal charges are pending against him, as tending to show a desire to seek favor at the hands of the prosecution, by aiding in the conviction of the defendant. Such charges must be proven by record if oral evidence thereof is objected to.</p>