People v. McCrea

Citations

• 32 Cal. 98

Syllabus

<p>Evidence of CmomrsTANCES to fix Time.—If a defendant, on trial on a charge of robbery, claims to have been at another place when the robbery was committed, and there is testimony tending to show that he was at such other place about that time, any circumstances which will tend to fix the time he was at such other place are admissible in evidence.</p> <p>Hearsay Testimony.—Statements of a person who has been robbed, made to a third party, as to the description of the person who robbed him, are hearsay, and not admissible in evidence on the part of defendant to show that he is not the person thus described.</p> <p>Acquiescence in Statements of Others.—Admissions and confessions of guilt may be implied from the acquiescence of the party to whom they are made in the statements of others made in his presence. It makes no difference that the statements which call for a reply are made by a party who is incompetent to testify.</p> <p>Idem.—Such statements are admitted in evidence, not as themselves evidence of the truth of the facts stated, hut to show the conduct of the defendant under the circumstances.</p>