People v. Manning

Citations

• 48 Cal. 335
• 1874 Cal. LEXIS 149

Syllabus

<p>Review of Evidence in Ceihinad Case.—The Supreme Court will not disturb a judgment in a criminal case on the ground that the evidence was insufficient to justify the verdict, unless there is either a total deficiency of evidence, or it preponderates so greatly against the verdict as to render it clear that the jury must have acted under the influence of passion or prejudice.</p> <p>Pboof of Venue of Cbimb.—Even if no witness testifies in_so many words to the venue of the crime, as alleged in the indictment; yet, if the whole testimony taken together leaves no room for a reasonable doubt on this point, the venue is sufficiently proved.</p> <p>Objection, to Evidence.—If a witness, on cross-examination, is asked if he was not arrested for vagrancy, an objection that the record is the best evidence is not tenable; for an arrest does not necessarily imply that there was any record.</p> <p>Imhatebiad and Incompetent Evidence.—There is a wide distinction be tween immaterial and incompetent evidence. Evidence may he material and tend to prove an issue, hut incompetent under the rules of law for that purpose.</p> <p>Idem.—An. objection that evidence is immaterial, does not raise the point whether it was competent and admissible to impeach the witness, or competent to go to his credibility.</p> <p>Objection to Evidence.—A party objecting to evidence, must specify the ground of his objection, and waives all objections not so specified.</p>