People v. Elyea

Citations

• 14 Cal. 144

Syllabus

<p>In a criminal case, proof of statements made by defendant must be by the witness himself, and not by a written memorandum made by him at the time, which he says is correct.</p> <p>The indicium of color is not an infallible test of the competency of a witness, under the Act excluding blacks, mulattoes, and Indians, from testifying for or against white persons.</p> <p>It may be a sufficient test in many cases, but only when it is so decided as to leave no doubt of the race to which the witness belongs—as a negro, or Indian.</p> <p>People v. Sail, (4 Cal. 399,) affirmed. But it cannot be presumed that all persons having tawny skins are within that case.</p>