People v. Gordan

Citations

• 103 Cal. 568
• 37 P. 534
• 1894 Cal. LEXIS 825

Syllabus

<p>Criminal Law—Trial—Order of Evidence—Discretion—Appeal.— Under section 1094 of the Penal Code it is within the sound discretion of the court to depart from the order of evidence prescribed in section 1093 of the same code, and the action of the court will not be disturbed upon appeal unless there has been an abuse of discretion.</p> <p>Id.—Assault With Deadly Weapon—Evidence—Cross-examination of Defendant—Identification of Revolver.—Upon the trial of a. defendant for an assault with a deadly weapon with intent to commit, murder, where the defendant had testified upon direct examination as-to the reason he had a revolver upon the day of the difficulty, it was proper for the court to permit the prosecution to ask the defendant upon cross-examination to identify a revolver shown him.</p> <p>Id.—Motion to Strike Out Irresponsive Answer—Harmless Ruling.—Where the defendant’s counsel, for the purpose of proving the condition of the defendant as to sobriety or drunkenness at the time of the shooting, asked a witness the question, “He walked up the street very leisurely, did he not?” to which the witness answered, “No, sir; he walked as though he was a little anxious,” the refusal of the court, to strike out the answer as not responsive to the question is not prejudicial error.</p> <p>Id.—Good Character of Defendant—Improper Cross-examination by District Attorney—Unprejudicial Conduct.—The conduct of a district attorney in asking a witness, who has testified as to the defendant’s good character, the question, “Don’t you know, as a fact, that his wife procured a divorce from him on account of cruelty and inhuman treatment within the last two years,” cannot be said to be prejudicial to the rights of the defendant, where an objection was sustained to the question, and the jury were instructed to give no heed to it.</p> <p>Id.—Testimony as to Character—Partículas. Pacts—Cross-examination.—Where a witness is called to testify as to good or bad character of the defendant, he c