People v. Ward

Citations

• 105 Cal. 652
• 39 P. 33
• 1895 Cal. LEXIS 697

Syllabus

<p>Criminal Law—Evidence—Transcript of Testimony Taken at Preliminary Examination—Authentication—Parol Evidence.—In a. criminal case, where the testimony of a witness taken at the preliminary examination of the defendant may be allowed in evidence under the statute, the reporter must certify to the transcript of the testimony that it is a correct statement of such testimony, and is not at liberty to-substitute or certify to a copy of the testimony taken by him, and the transcript of the testimony must be so authenticated that an inspection of it will show that it is testimony taken at the preliminary examination of the accused who is on trial, and must not depend in any respect upon the memory of the magistrate or the reporter, and no oral proof can be allowed at the trial for the purpose of showing against what defendant, or upon what charge, or at what time, the testimony was. taken.</p> <p>Id.—Improper Certificate.—Where the transcript of testimony taken at. a preliminary examination does not have the title of any court or cause-in which the testimony was taken, and it is certified to be a true copy of the testimony instead of a correct statement of the testimony, the-authentication and certificate are not sufficient to be admissible in evidence upon the trial of the accused.</p> <p>Id.—Statutory Construction—Testimony not Given in Presence of-Court—Compliance with Statute.—A statute purporting to impair the fundamental right of the defendant in a criminal prosecution to be-confronted with the witnesses against him in the presence of the court is to be liberally construed in his favor, and whenever the state in its-prosecution for a crime would offer against the accused the testimony of witnesses not given in the presence of the court, it must point to a-statute which authorizes such procedure, and bring itself within its-provisions.</p> <p>Ld.—Larceny of Cow—Evidence.—Upon the trial of a defendant accused of the larceny of a cow it is error to refuse to allow th