Scalamiero

People v. Scalamiero

Good Law
143 Cal. 343·1904 Cal. LEXIS 823·76 P. 1098
Supreme Court of CaliforniaMay 23, 1904Crim. No. 1054.California2,752 words

Opinion

Lead Opinion

Lorigan, J.

Defendant, having been convicted of an assault with intent to commit rape upon a girl eleven years of age, moved for a new trial, which was denied, and from such order of denial he appeals.

He first insists that the evidence is insufficient to support the verdict. His counsel contents himself upon this- point by simply mentioning it, without undertaking to show in what respect or in what particular it is open to this objection.

We have, however, had occasion to refer to the evidence in examining various errors alleged by appellant to have been committed by the court in admitting and rejecting testimony, and discover no warrant for the claim that such insufficiency exists.

Now, as to these alleged errors. Many objections were interposed by counsel for appellant to questions propounded to witnesses on behalf of the prosecution and overruled by the court, and such rulings are assigned as error. With singular uniformity, however, counsel, except in a few instances, interposed his objections after the answers were given. In no instance does it appear that any of such questions were an swered before counsel had an opportunity to object. Under such circumstances it needs neither…

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