Moran

People v. Moran

Good Law
1914 Cal. App. LEXIS 239·25 Cal. App. 472·144 P. 152
Court of Appeal of CaliforniaSeptember 18, 1914Crim. No. 510.California422 words

Opinion

Lead Opinion

Kerrigan, J.

This is an appeal from the judgment and from an order denying the defendant Moran’s motion for a new trial.

The appellant together with one Stephen Burton, was charged by information with the crime of attempting to commit burglary. Upon the trial, Burton was acquitted and Moran was convicted. In the information appellant was also charged with two prior convictions^ which, upon arraignment, he admitted.

During the trial Moran took the witness stand and testified in his own behalf. Upon cross-examination, over his objection, he admitted that he had previously been convicted of a felony. He now assigns as error the action of the court, overruling his objections to the questions which elicited this evidence. Having submitted himself as a witness, he was subject to the same tests for ascertaining the truth as any other witness who takes the witness stand. (People v. Arnold, 116 Cal. 682 , [ 48 Pac. 803 ]; People v. Martini, 21 Cal. App. 743 , [ 132 Pac. 1069 ].) His objection in this respect was therefore not well taken.

Upon further cross-examination, and in answer to the question, “How often have you been convicted of a felony 1” the defendant answered “Three times.” The objection…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.