Nields

People v. Nields

Good Law
1924 Cal. App. LEXIS 49·70 Cal. App. 191·232 P. 985
Court of Appeal of CaliforniaDecember 11, 1924Docket No. 1189.California1,115 words

Opinion

Lead Opinion

Sturtevant, J.

The defendant was convicted of unlawfully selling intoxicating liquor; she moved for a new trial, her motion was denied and she has taken this appeal.

On the thirty-first day of December, 1923, it was claimed by the prosecution the defendant sold intoxicating liquor to four young men or boys, Leigan, Kincaid, Pena, and Keegan. Shortly thereafter the peace officers commenced an investigation. During that investigation each of the purchasers was interviewed by the district attorney from one to six times. On one or more occasions a stenographer was present and took down the questions and answers. When the instant case came on for trial the appellant made several requests that the district attorney furnish to the appellant a typewritten statement of the questions and answers. Each of those requests was denied by the district attorney or by the trial court, according to whom the application was made, and the refusal constitutes the principal point presented by the appellant on this appeal.

The appellant claims that her right to make the request is contained in section 1000 of the Code of Civil Procedure. The respondent replies that the section cited has no application to a criminal…

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