Territory v. Goo Wan Hoy

Citations

• 24 Haw. 721
• 1919 Haw. LEXIS 53

Syllabus

<p>Evidence — preliminary examination of witness to determine admissibility of prepared signatures.</p> <p>It is proper for the court to permit a witness who has written certain signatures which are to be offered in evidence to be examined and cross-examined as to when, where and under what circumstances he wrote said signatures for the purpose of passing upon their admissibility, without regard to whether they are in fact admissible.</p> <p>Same — cross-examination to determine competency of witness to give opinion as to genuineness of another’s signature.</p> <p>Upon the cross-examination of a witness to determine whether or not he is competent to give his opinion as to the genuineness of another’s signature it is not error to exclude evidence which would show that the witness could neither read nor write English as that would affect the weight and not the admissibility of his testimony.</p> <p>Witnesses — cross-examination—impeachment.</p> <p>A witness may be cross-examined with reference to his past life if such matters tend to weaken his credibility though they might tend to criminate, disgrace or degrade him, and may be compelled to answer unless he claims his constitutional privilege of refusing to answer questions which might tend to criminate him.</p> <p>Same — same—discretion of trial court.</p> <p>The extent to which collateral matters may be inquired into upon cross-examination for the purpose of impeaching the credibility of a witness. is discretionary with the trial court and its rulings are not subject to review here unless the discretion is abused.</p> <p>Cbiminal Law — instructions invading province of jury.</p> <p>In this jurisdiction a charge which comments upon the weight of opinion evidence in comparison with direct evidence is improper as invading the province of the jury.</p> <p>Same — evidence—cross-examination of accused.</p> <p>An accused who voluntarily becomes a witness in his own behalf is subject to the same cross-examination upon colla