People v. Nyland

Citations

• 41 Cal. 129

Syllabus

<p>Constitutional Construction—Municipal Court ot San Francisco. The Municipal Criminal Court of San Francisco, established by Act of the Legislature March 31st, 1870, is a constitutional Court. (Ex Parte John Stratman, 39 Cal. 517, affirmed on this point.)</p> <p>Idem—County Court—Bight oe Appeal.— The provision in section eight, Article VI, of the Constitution, giving to the County Courts appellate jurisdiction in cases arising in such inferior Courts as may be established in pursuance of section one, of the same Article, is not a guaranty qf individual right; but either confers the absolute right of appeal from the Municipal Court to the County Court, or confers upon the latter the capacity to exercise the jurisdiction, when the Legislature shall provide the mode and means of doing so.</p> <p>Idem.—The question whether the Constitution confers upon the County Court appellate jurisdiction in cases transferred from the County Court to the Municipal Court for trial is reserved.</p> <p>Criminal Praotioe—Evidence.—In a criminal case the prosecution may show, by other witnesses, that a witness for defendant had given a different account of what occurred at the time the offense was committed, from that testified to by the witness on the stand.</p>