Brent

People v. Brent

Caution
11 Cal. App. 674·1909 Cal. App. LEXIS 93·106 P. 110
Court of Appeal of CaliforniaNovember 6, 1909Crim. No. 135.California784 words

Opinion

Lead Opinion

Allen, J.

The defendant and appellant-was accused by the district attorney of Los Angeles county, by information, of the crime of assault with a deadly weapon with intent to commit murder, and his conviction followed. This appeal is from the judgment imposed by reason thereof, and from an order denying a new trial.

The defense chiefly relied upon was insanity. The principal assignments of error relate to the action of the court in sustaining objections to testimony offered by defendant. One witness in behalf of the defense testified that she was-a nurse at the hospital of which defendant was a patient; that “he seemed to be laboring under a nervous strain, and it looked as though he had been drinking.” The witness was then asked by defendant’s counsel if he made any statement regarding the cause of his condition; “what statement he made in relation to his domestic affairs”; “what statement, if any, was made by the defendant at that time regarding any lawsuit pending”; and, again, “what statement, if any, regarding his property.” Another witness was asked questions of similar import; while still another who, having seen and conversed with defendant at the hospital, testified: 1 ‘ He was…

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