People v. Un Dong

Citations

• 106 Cal. 83
• 39 P. 12
• 1895 Cal. LEXIS 572

Syllabus

<p>Criminal Law—Appeal—Review of Evidence.—A verdict of conviction upon conflicting evidence will not be disturbed for insufficiency of the evidence to support it, even though a portion of the evidence is calculated to cast discredit on the case of the prosecution.</p> <p>Id.—Assault with Deadly Weapon—Motive of Assault—Cross-examination of Prosecuting Witness—Prejudicial Error.—Upon the trial of a defendant charged with an assault with a deadly weapon, where the prosecuting witness in his direct examination testified that the only cause of the assault upon him, so far as he knew, was that he was present on a previous occasion when the defendant and several others assaulted another person, and that he witnessed the affair, and subsequently gave the names of those engaged in it to the officers, which resulted in their arrest, it is prejudicial error to refuse to allow cross-examination as to what the defendant did at the time of the previous assault.</p> <p>Id.—Improper Cross-examination of Defendant — Prejudicial Questions. — It is improper to cross-examine the defendant about any matters not testified to in his examination in chief; and to ask him questions as to his mode of life not testified to by him in chief, the obvious purpose and effect of which is to degrade and injure him in the estimation of the jury, is prejudicial error, and such error is not cured or the prejudicial effect removed by negative answers to the questions allowed, hut the error lies in permitting such an examination to be made.</p> <p>Id.—Improper Impeachment of Witness.—It is not proper to ask a witness for the prosecution on cross-examination whether he is connected with a gambling-house, when such evidence has no relevancy to any thing called out on his direct examination, and is asked solely for the purpose of discrediting the witness with the jury.</p> <p>Id.—Conflicting! Evidence—Instruction as to Conflict.—While it is a dangerous practice for the court, in its charge to the jury, to