Reports of Cases Determined in the District Courts of Appeal of the State of California (Volume 11) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910. Excerpt: ... CRIMINAL LAW (Continued). 14. Evidence--Impeachment Of Prosecuting Witness--ContradicTory Statements--Proper Foundation Essential.--In order that the prosecuting witness may be impeached by statements contradictory to his testimony, it is essential that the defendants' counsel must lay the proper foundation by calling the attention of the witness to the statements to be proved, and stating the circumstances of time, place and persons present. (People v. Hogan, 599.) 15. Identity or Statement Must Appear.--When the attention of the prosecuting witness is called to a statement, it is essential that the statement sought to be proved was the Bame statement to which the attention of the prosecuting witness was called. (Id.) 16. Offer or Impeaching Evidence--Inclusion Of Improper MatTer--Rejection Of Whole Offer Sustained.--Where an offer of impeaching evidence includes some matter to which the attention of the prosecuting witness was called, and other matter to which his attention was not called, the ruling of the court in rejecting the whole offer will be sustained. (Id.) 17. Offer Of Proof--Unsatisfactory Method Of Evidence.--An offer of proof, instead of calling the witness, is at best a very loose and unsatisfactory method of introducing evidence, and certainly when the offer consists of several propositions, this court must sustain the ruling rejecting it, if it is correct as to any one of the propositions offered. (Id.) 18. Appeal--Review Of Error In Excluding Evidence--Duty Of Appellant.--It is fundamental that a party relying upon the exclusion of evidence as constituting error upon which he asks to have the case reversed must clearly show and point out the offered evidence, and that it was competent and material. (Id.) 19. Abduction Of Girl For Prosti...