People v. Jocelyn

Citations

• 29 Cal. 562

Syllabus

<p>Plea in Criminal Case.—If the defendant in a criminal case refuses to plead after his demurrer to the indictment has been overruled, the Court may direct a plea of not guilty to be entered for him.</p> <p>Error.—The record must affirmatively show error; the appellate Court will not presume it.</p> <p>Affidavit for a Continuance.—An affidavit for a continuance in a criminal case should show, not only that efforts have been made to find the absent witness, but also, if service of a subpoena has been made on him, should show that it was such kind of service as he was bound to obey.</p> <p>New Trial on Ground of Denial of Continuance.—On an application for a new trial on the ground that the Court denied a continuance, in a criminal as'well as in a civil case, the defendant should procure the affidavits of the absent witnesses, showing that they can testify to the facts sought to be proved, or give good reason for not obtaining such affidavits.</p> <p>Witness in Criminal Case.—A witness, not examined before the grand jury, whose name is not indorsed on the indictment, may be examined by the People on the trial.</p> <p>Surprise a Ground for New Trial.—A new trial will not be granted in a criminal case on the ground of being taken by surprise by the testimony of a witness, unless the affidavits show that the testimony of the witness was not true.</p>