People v. Indian Peter

Citations

• 48 Cal. 250

Syllabus

<p>Abbest of Judgment in Cbiminai, Case.—If a committing magistrate, before whom an examination is about to he held, with the assent and concurrence of the district attorney, promises a person under arrest, that, if he will become a witness for the people, against other persons then under arrest for the same offense, he shall be acquitted, and the defendant, induced by such promise, testifies and implicates himself, and is afterwards indicted, these facts do not furnish ground for a motion in arrest of a judgment of conviction.</p> <p>Idem.—The only grounds on which a motion in arrest of judgment in a criminal case can be based, are those mentioned in the statute.</p> <p>Dischabge of Pbisoneb when on Tbiai.—A promise of immunity from punishment, made by a prosecuting attorney, or a committing magistrate, to a person charged with a crime, if he will become a witness for the people against others charged with the same crime, furnishes no ground for discharging the prisoner from prosecution, when on trial. Idem.—The discharge of a prisoner, that he may be a witness against others, must be made at the trial, before the defendant has gone into his defense, by the Court of its own motion, or upon the application of the district attorney.</p> <p>Idem.—A defendant, in a criminal case, cannot be discharged from the indictment, without a trial, except in the case provided for by the statute.</p>