People v. Valliere

Citations

• 123 Cal. 576
• 56 P. 433
• 1899 Cal. LEXIS 1119

Syllabus

<p>Criminal Law—Assault with Intent to Murder—Evidence—Motive— Attempt to Escape prom Jail.—Upon the trial of a defendant charged with an assault with a deadly weapon with intent to commit murder, evidence is admissible for the purpose of showing the motive and intent of the assault, to prove that the defendant was then confined in the county jail awaiting sentence under conviction for burglary, and that the assault was made upon the deputy sheriff in charge of the jail, for the purpose of attempting to make an escape.</p> <p>Id.—“Deadly Weapon”—Loaded Stocking—Possibility op Death— Blow upon Temple.—A “deadly weapon” is one “likely to produce death or great bodily injury;” and where the assault was made with a loaded stocking filled with salt and plaster hardened by wetting, it was admissible, though inconclusive, to inquire whether a man could be killed with that weapon, and then it was proper to show how it could be done, and that it was an instrument likely to produce death when used with sufficient force in a blow upon the temple, in the manner in which the evidence showed that it was used.</p> <p>Id.—Change of Ruling upon Evidence—Appeal—Ruling in Favor op Appellant.—The fact that the objection of the defendant to the question whether a man could kill another with the weapon used, was at first sustained, does not make erroneous a second ruling overruling the same objection to a similar question when repeated. The first ruling, being in favor of the defendant, cannot be objected to as erroneous upon his appeal.</p> <p>Id.—Cross-examination—Weapon not Referred to in Chief.—A medical witness who has testified only as to the weapon used by the defendant cannot properly be asked on cross-examination as to another and different weapon called a “billy,” and as to whether the witness would call that a deadly weapon.</p> <p>Id.—Intent to Murder—Sufficiency of Evidence.—For the purpose of determining whether the assault was made with intent to murder, the character of t