Reports of Cases Determined in the District Courts of Appeal of the State of California Volume 15 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...although they have been readily upheld when the proper elements therefor have been presented. It is for the best interests of society that those who offend against the laws shall be promptly punished, and that every citizen who has good reason to believe that the law has been violated shall have the right to cause the arrest of the offender. For the purpose of protecting him in so doing, it is the established rule that if he have reasonable grounds for his belief, and act thereon in good faith in causing the arrest, he shall not be subjected to damages merely because the accused is not convicted." (Ball v. Bawles, supra.) There was no error in the court's ruling sustaining an objection to the introduction in evidence of the record in the case of the People v. A. H. Carpenter on a charge of subornation of perjury. It was offered only for the purpose of showing on account of the imprisonment of plaintiff that the statute of limitations had not run against the present action. The evidence was unnecessary by reason of the failure of defendants in their answer to deny the allegation as to the imprisonment and, in addition, it may be said, the incarceration was admitted in open court. Plaintiff offered in evidence the judgment-roll in the said case of Bernard McGorray v. Kate Robinson, for the purpose of showing that, under the issues therein made, his alleged false testimony was entirely immaterial. Manifestly, this was a circumstance of importance. If the testimony was entirely immaterial, it could not be made the basis for a charge of perjury. Upon the hypothesis that it was immaterial, since the evidence upon a motion for a nonsuit must be construed as favorably for the plaintiff as possible, the inference would have to be indulged...