Burrows

People v. Burrows

Caution
1915 Cal. App. LEXIS 51·27 Cal. App. 428·150 P. 382
Court of Appeal of CaliforniaMay 21, 1915Crim. No. 295.California2,375 words

Opinion

Lead Opinion

Burnett, J.

Appellant was convicted of statutory rape and the appeal is from the judgment and order denying his motion for a new trial. It is not claimed that the evidence is insufficient to support the verdict but reliance is had for a reversal upon certain alleged errors of the trial court which we notice in the order presented by appellant.

1. It seems hardly necessary to notice the rulings of the court sustaining an objection to various questions asked of the prosecutrix on cross-examination as to the wayward conduct of the girl. The following will show their nature: “Did you have any trouble with Mrs. Hall out there on the Davis Ranch?” “While you were out there, did you and a young man who was employed there, or near there, go out in the trees, or in the bushes, behind the cook house?” “Did you-follow an Italian around through the grapes from place to place while you were on that ranch?” These questions and others like them were not within the proper scope of cross-examination and, besides, it is clear that the character of a witness cannot be impeached in that manner. It is stated by appellant that “we are not unmindful of the rule that if the purpose of the same was to show the want…

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