People v. Malaspina

Citations

• 57 Cal. 628

Syllabus

<p>Evidence—Cbbiinal Law.—On the trial of an indictment for murder, a witness for the prosecution testified that before the homicide the defendant was carrying a pistol. The defendant, on his own behalf, was asked whether he was carrying the pistol as to which the former witness had testified. Held, that the question was proper.</p> <p>Alibi—Instbuction—Evidence.—On the trial of an indictment, it is error to instruct the jury that an unsuccessful attempt to prove an alibi is always a circumstance of great weight against the prisoner.</p>