Complete Digest of the Decisions of the Supreme Court and District Courts of Appeal of the State of California: Corporate bonds to executive warrantsBancroft-Whitney, 1907 |
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Page 1390
... Witness . [ a ] Every competent witness is presumed to speak the truth . - People v . McLane , 60 Cal . 412 . § 90 . Shifting of Burden . [ a ] Burden of proof never shifts when de- fendant confines defense to original transac- tion on ...
... Witness . [ a ] Every competent witness is presumed to speak the truth . - People v . McLane , 60 Cal . 412 . § 90 . Shifting of Burden . [ a ] Burden of proof never shifts when de- fendant confines defense to original transac- tion on ...
Page 1391
... witness in testifying merely as to what was told him . People v . Mitchell , 94 Cal . 550 , 29 Pac . 1106 . [ k ] It is proper to allow one witness to robbery to explain absence of another wit- ness who was present at time of robbery ...
... witness in testifying merely as to what was told him . People v . Mitchell , 94 Cal . 550 , 29 Pac . 1106 . [ k ] It is proper to allow one witness to robbery to explain absence of another wit- ness who was present at time of robbery ...
Page 1393
... witness , defendant , and another in regard to having a prosecution against an alleged ac- complice of defendant ... witness was permitted to testify that the wounded man pointed at defendant , who was about twenty feet off , and told ...
... witness , defendant , and another in regard to having a prosecution against an alleged ac- complice of defendant ... witness was permitted to testify that the wounded man pointed at defendant , who was about twenty feet off , and told ...
Page 1395
... witness , made shortly after the commission of the crime , not under oath , and not in the presence of de- fendant , in contradiction to the testimony of the prosecuting witness himself , under oath . Such admissions are no part of the ...
... witness , made shortly after the commission of the crime , not under oath , and not in the presence of de- fendant , in contradiction to the testimony of the prosecuting witness himself , under oath . Such admissions are no part of the ...
Page 1397
... witness in a trial for larceny testified that , when defendant pulled his hand out of witness ' pocket , he grabbed him , and , on seeing him pass something to a codefendant , grabbed him also , and shouted to a friend , " They are ...
... witness in a trial for larceny testified that , when defendant pulled his hand out of witness ' pocket , he grabbed him , and , on seeing him pass something to a codefendant , grabbed him also , and shouted to a friend , " They are ...
Common terms and phrases
14 Cent accomplice accused action admissible affidavit alleged appeal AUTHORITIES Bank bill of exceptions board of supervisors certificate charge Civil Code Civil Procedure claim Code of Civil cols committed constitution contract conviction corporation corpus delicti costs counsel county treasurer court.-People covenant creditors crime criminal damages debt declarations defendant defendant's dence directors district attorney district court entitled error error.-People evidence fact fendant filed ground guilty held homicide indictment insanity instruction issue judge judgment jurisdiction jurors jury land larceny liability ment mortgage motion murder objection offense officers party payment Penal Code person plaintiff plea plead poration proceedings proof prosecution providing question reasonable doubt record refuse reversed San Francisco statement statute stockholders sufficient superior court supreme court testified testimony tion trial.-People ultra vires verdict witness Yuba County
Popular passages
Page 1282 - ... before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within twenty years from the time of contracting the same.
Page 1222 - Whenever an appeal is perfected as provided in the preceding sections of this chapter, it stays all further proceedings in the court below upon the judgment or order appealed from...
Page 1506 - All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission...
Page 1318 - The Chief Justice may convene the Court in bank at any time, and shall be the presiding Justice of the Court when so convened.
Page 1369 - No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted.
Page 1440 - It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 1426 - A conviction cannot be had on the testimony of any accomplice, unless he is corroborated by other evidence which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense, or the circumstances thereof.
Page 1359 - But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.
Page 1439 - In order to justify the inference of legal guilt from circumstantial evidence the existence of the inculpatory facts must be absolutely incompatible with the innocence of the accused, and incapable of explanation upon any other reasonable hypothesis than that of his guilt.
Page 1303 - It is a doctrine of law too long established to require a citation of authorities, that, where a court has jurisdiction, it has a right to decide every question which occurs in the cause, and whether its decision be correct or otherwise, its judgment, till reversed, is regarded as binding in every other court...