People v. Silva

Citations

• 121 Cal. 668
• 54 P. 146
• 1898 Cal. LEXIS 971

Syllabus

<p>■Criminal Law—Labceny—Evidence—Impeachment of Witness—Harmless Ebrob.—A witness in a criminal case may be impeached by evidence of his general reputation for truth, honesty, and integrity, and it is error to confine the question to his general reputation for truth and veracity; but such error is not prejudicial where the witness, upon the trial of a defendant charged with larceny in the stealing of cattle, gave direct evidence of his own dishonesty by testifying that he and the defendant had stolen the cattle.</p> <p>I.D.—Pabticudab Wbongful Acts—Charge of Cattle Stealing. —Evidence of particular wrongful acts cannot be shown for the purpose of impeachment, excepting proof of the conviction of the witness of a felony. A witness cannot he asked for such purpose whether he was not confined in jail upon a charge of cattle stealing.</p> <p>Id.—Evidence of Accomplice—Instruction—Rule of Coubt.—Under section 2061 of the Code of Civil Procedure, it is the duty of the court, upon a proper occasion, to instruct the jury that “the testimony of an accomplice ought to be viewed with distrust”; and it is error to refuse to give such an instruction in a proper case when orally requested by the defendant, on the ground that counsel had not handed up to the court the charge in writing, as required by a rule of the court. Such request did not come within the reason or spirit of the rule, and should have been granted. Id.—Object of Rule—Suspension — Duty of Court. — A rule of court requiring instructions to be handed up in writing before the argument begins is proper, and is designed to give the court an opportunity to determine the correctness and propriety of the instruction, so as to prevent error and promote justice; but when its strict observance would defeat or impede justice, the court may suspend the rule, and it is its duty to do so.</p>