People v. Nonella

Citations

• 99 Cal. 333
• 33 P. 1097
• 1893 Cal. LEXIS 663

Syllabus

<p>Criminal Law—Assault to Mubder—Evidence—Cross-examination —Improper Impeachment op Witness.—In a prosecution for an assault with intent to commit murder, where the wife of the defendant was asked on cross-examination whether she had not told another woman named, that her husband had intended to shoot the deceased some weeks previous, which question she answered in the negative, a question by the district attorney to such other woman asked for the purpose of impeaching the defendant’s wife, “What did she tell you about the shooting?” is improper, as not being within the foundation laid upon the cross-examination.</p> <p>Id—Laying Foundation to Impeach Witness__In order that a -witness may be impeached by evidence that his previous statements were inconsistent with those made upon the trial, the attention of the witness must be drawn with particularity to the circumstances surrounding the making of the statements and his mind directed to the very statements themselves. The proper course to be pursued when the impeaching witness is produced is to ask him the direct question, “Did the party make such statement at the time and place mentioned?”</p>