People v. Moan

Citations

• 65 Cal. 532
• 4 P. 545
• 1884 Cal. LEXIS 622

Syllabus

<p>Criminal Law—Evidence—Expert Testimony—The opinion of a witness as to the meaning of an expression used by another person in a conversation between them, is not admissible in evidence. It is for the jury to determine the meaning from the relation of the parties, the language employed, and all the surrounding circumstances.</p> <p>Id.—Homicide—Habits of Deceased—Excessive Intoxication.—In a prosecution for homicide, it is not error for the court to deny the defendant permission to show that the deceased was in the habit of using intoxicating liquors to excess.</p> <p>Id.—Refutation of Defendant. — The refusal of the court to allow a witness to answer a question as to the defendant’s general reputation for peace and quiet is not error if the witness has never heard such reputation discusse'd, or if the good reputation of the defendant has already been established by a great number of other witnesses, and no evidence offered by the prosecution to impeach it.</p> <p>Id.—Recalling Witness—Abuse of Discretion. — The court refused to permit the defendant to recall a witness who had already been on thp stand twice. After considering the circumstances, held, that there was not such an abuse of discretion as warranted a reversal.</p> <p>Id.—Hypothetical Question—Appeal.—Where no objection is made to a hypothetical question in the trial court, it cannot be made on appeal.</p> <p>Id.—Acceleration of Death.—A defendant is criminally liable for a homicide-committed by violence, if it be shown that his act accelerated the death of the person killed, although it may appear that his death would necessarily have soon occurred as the result of an incurable disease.</p>