People v. Mallon
Citations
- 103 Cal. 513
- 37 P. 512
- 1894 Cal. LEXIS 812
Syllabus
<p>Criminal Law—-Evidence—Statements Made in Presence of Accused— Acquiescence.—While a statement made in the presence of the accused is not admissible, as being itself evidence of any fact narrated therein, it is admissible, primarily, for the purpose of showing that the accused acquiesced in it either by express assent or by silence, or by such conduct as fairly implied assent; though such testimony should be received guardedly, and, if not followed by any proof of the conduct of the accused, should be stricken out, and, if requested by the defendant’s counsel, the court should instruct the jury that the statement is limited as evidence for the purpose of showing the acquiescence or assent of the accused.</p> <p>Id.—Instructions—Assault With Intent to Rob—Assumption of Undisputed Fact.—Upon the trial of a defendant accused of assault with intent to commit robbery, an instruction to the effect that in case the jury have no doubt that the defendant aided and participated in the assault they must give him the benefit of that doubt, and in that case they must find him guilty of simple assault, does not prejudicially-assume that an assault was committed, where the assault was clearly shown and is an undisputed fact.</p>
Judges: McFarland
Read full opinion on CourtListenerCited by
10 cases in this archive cite this case.
- People v. Chin HaneCalifornia Supreme Court· 1895-09-02· cited 56×
- People v. YoungCalifornia Supreme Court· 1895-07-05· cited 13×
- People v. CelestineCalifornia Court of Appeal· 1992-09-28· cited 12×
- Pulver v. Union Inv. Co.Eighth Circuit· 1922-03-04· cited 12×
- Tibbet v. SueCalifornia Supreme Court· 1899-08-10· cited 10×
- Pueblo v. MillánSupreme Court of Puerto Rico· 1926-07-29· cited 9×
- Pueblo v. MarreroSupreme Court of Puerto Rico· 1931-03-18· cited 7×
- People v. MachadoCalifornia Supreme Court· 1900-12-18· cited 6×
- People v. MillánSupreme Court of Puerto Rico· 1926-07-29
- People v. MarreroSupreme Court of Puerto Rico· 1931-03-18
Cites
1 case in this archive is cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.