Sparks v. Kohler

Citations

• 3 Cal. 299

Syllabus

<p>A co-defendant is not a competent witness, under the 423d Section of the Practice Act, upon an issue where his testimony would enure to his own benefit.</p> <p>He would be a competent witness to show that his co-defendant was not his partner, for this, in .a legal point of view, would be against his interest.</p> <p>But to show error in the court below, rejecting such witness for incompetency, the record should show the specific purpose for which he is offered.</p> <p>Where such co-defendant was called generally as a witness, and he was clearly incompetent on one of the issues, Held, that the court below properly rejected him.</p>