Myers

People v. Myers

Good Law
1926 Cal. App. LEXIS 343·77 Cal. App. 10·245 P. 1106
Court of Appeal of CaliforniaMarch 10, 1926Docket No. 1309.California2,269 words

Opinion

lead Opinion

burglary and appeals from the judgment of conviction and from an order of the trial court denying his motion for a new trial.

Over the objection of appellant the trial court permitted the prosecution to read to the jury the testimony of one Bush which was given at • appellant’s preliminary examination before the committing magistrate. Section 686 of the Penal Code provides that evidence may be received in that form only when the defendant has “cross-examined or had an opportunity to cross-examine the witness’’ at the preliminary examination. Appellant contends that the right contemplated by this section is the right fully and completely to cross-examine, and that in the present instance the right was abridged because the magistrate sustained objections to proper questions put to the witness by appellant’s counsel. Appellant argues thoroughly the proposition that the right to cross-examine referred to in section 686 is of the breadth for which he contends, and cites authority in support of his argument, but he presents neither argument nor authority upon the question touching the rulings of the magistrate, which he says were erroneous. We have merely the assertion that the rulings…

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