People v. Parton

Citations

• 49 Cal. 632

Syllabus

<p>Cboss-Examination.—The fact that, in a criminal trial, after the prosecutor has left the witness-stand, another witness called by the prosecution testifies as to certain occurrences, and in his relation of them differs from the account given by the prosecutor, when on the stand, does not give the defendant a right further to cross-examine the prosecutor.</p> <p>Ebbob which dobs no Haem.—If counsel for the defendant, after the prosecution has rested, ask for leave to further cross-examine the prosecutor on new matter, the facts that the People have rested, and that the defendant may recall the prosecutor as his own witness, are not sufficient reasons for the Court to deny the request; but if the request is denied, and the defendant then makes the prosecutor his own witness, and it appears that it was not on ríew matter that he desired to cross-examine, but on matter inquired into on the former examination, the defendant is not injured.</p> <p>Attack on Cbbdibidity of Witness.—If married women testify as witnesses for the People in a criminal case, the defendant cannot, for the purpose of affecting their credibility, introduce testimony to prove a conspiracy on the part of their husbands to falsely prosecute him and obtain his property.</p> <p>Evidence of a Confession.—A “ confession,” receivable in evidence only after proof that it was made voluntarily, is restricted to an acknowledgment of the defendant’s guilt; and the word does not apply to a statement, made by a defendant, of facts which tend to establish his guilt.</p>