People v. Rodundo

Citations

• 44 Cal. 538

Syllabus

<p>One Indicted as Accessory a Witness Against the Principal.—One jointly indicted with another, as an accessory after the fact, is a competent witness for the people on the trial of the principal. He is not obliged to criminate himself, but whether he do so or not, is a matter which does not concern the defendant; and he may refuse to testify unless first discharged from the indictment; but this is a matter over which the defendant has no control.</p> <p>Idem.—An instruction- by the Court to such witness, that his evidence cannot be used against himself, even if erroneous, does not prejudice the defendant.</p> <p>Sheriff may Testify to Statements of Accused.—The Sheriff may testify to statements made to him by the accused after his arrest, if such statements are made voluntarily, without any threats or promises of reward.</p> <p>Defendant a Witness in his own Behalf.—If a defendant in a criminal case becomes a witness in his own behalf, and gives testimony tending to exonerate himself, the Court need not, of its own motion, instruct the jury as to the credit to be given to his testimony.</p> <p>Idem.—The statute declaring that when a defendant in a criminal case becomes a witness in his own behalf, the credit to be given to his testimony must be left solely to the jury, under instructions' of the Court, does not establish a new rule for defendants in criminal cases, but simply applies to them a rule which exists as to other witnesses.</p> <p>Possession .of Stolen Property.—An instruction to the jury, that “the possession of stolen property is not alone sufficient to convict,” and that' “ it is merely a guilty circumstance which, taken in connection with .other testimony, is to determine the question of guilt,” is not erroneous by.reason of the use of the words “ guilty circumstance.”</p> <p>Receiving the Verdict of a Jury.—The irregularity of receiving a verdict in a criminal case, without first calling over the names of the jurors, does not prejudice a defendant,