People v. Yslas

Citations

• 27 Cal. 630

Syllabus

<p>Impeaching a Witness.—Evidence of had character for chastity is not admissible' for the purpose of impeaching the testimony of a witness.</p> <p>Same.—An inquiry into the character of a witness for the purpose of impeaching his testimony must be restricted to his character for truth and veracity.</p> <p>An Assault.—The statutory definition of an assault is substantially the same as at common law.</p> <p>Same.—An intent to commit violence, accompanied by acts which, if not interrupted or avoided by the retreat of the other party, would be followed by personal violence, amounts to an assault.</p> <p>Same.—It is not indispensable to the commission of an assault that the assailant should be at any time within striking distance. 4</p> <p>Testimony in Criminal Case.—On trial for an assault with intent to commit murder it appeared that the defendant committed the assault in the prosecutrix's house, and the prosecutrix immediately escaped and went to a butcher shop a few rods away, and that the defendant followed her thither after some few minutes had elapsed ; Held, that what occurred between the prosecutor and defendant at the butcher's shop was admissible in evidence, at least on the question of intent.</p> <p>ÍWhat is an Assault.—To constitute an assault the party must have the intent to strike, the ability to do so, and must make the attempt.</p> <p>CURREY, J.</p> <p>Impeachment of Witness.—Testimony to impeach a witness should not be confined to his character for truth and veracity, but should extend to his entire moral character, and a witness may be impeached by testimony showing that his general moral character is bad.</p>