People v. Garnett

Citations

• 29 Cal. 622

Syllabus

<p>Exclusion of Witnesses during a Trial.—The exclusion of the witnesses on the part of the prosecution, on the motion of the defendant, in a criminal action, is not a matter of absolute right, but rests in the discretion of the Court.</p> <p>Testimony of an Accomplice in a Criminal Case.—Where the prosecution rely on the testimony of an accomplice, jointly indicted with the defendant, the defendant should not be discharged at the close of the testimony for the prosecution, if the accomplice's testimony has been corroborated in some particulars.</p> <p>Impeachment of Witness.—A witness cannot be impeached by proof that he has made statements out* of Court contrary to what he has testified to on the trial, unless the witness was asked as to the statements made out of Court, and the time when, place where, and person to whom made.</p> <p>Burglary mixed with Larceny.—Our criminal code describes no such offense as burglary mixed with larceny or another felony.</p> <p>Indictment charging Two Offenses.—Under our criminal code, an indictment which charges a burglary mixed with a larceny, charges two offenses. If in connection with a burglary another offense has been committed, it must be made the foundation of a separate indictment.</p> <p>Same.—If the indictment charges two offenses, the objection is waived unless it is taken by demurrer.</p> <p>Trial where Indictment charges Burglary mixed with Larceny.—If the indictment charges a burglary mixed with a larceny, and no demurrer is interposed, and the case is conducted upon the theory that the defendant is on trial for burglary alone, the Court cannot, after the case is submitted and the jury have retired, change the issue by instructing the jury that they may find the defendant guilty of grand larceny.</p> <p>Larceny is not Included in Burglary.—Larceny, if committed at the same time a burglary is committed, is not included in the burglary, as manslaughter in murder; the larceny is no part of the burglary.</p>