People v. Williams

Citations

• 45 Cal. 25

Syllabus

<p>Bill of Exceptions Must Show Error Affirmatively—If a defendant who is jointly indicted with another for a crime relies, on appeal, on the fact that the declarations of his confederate were received in evidence against him on his trial, and that be was not present when they were made, the bill of exceptions must show that he was not present when the declarations were made, or it will not show error.</p> <p>Bill of Exceptions.—All omissions or uncertainties in a bill of exceptions are to be construed against the party presenting it.</p> <p>Question not Answered.—When a question, even if objectionable, is not answered, an objection to it becomes a mere abstraction, and no injury is done to the party excepting.</p> <p>Exception Must Show on What it Bests.—When a question which is not per se objectionable, and which might be admissible under some circumstances, is put to a witness and answered under objection, the record must show the facts previously established in evidence, or the Court will not be able to pass on the propriety of the question or answer.</p>