Silva

People v. Silva

Good Law
121 Cal. 668·1898 Cal. LEXIS 971·54 P. 146
Supreme Court of CaliforniaAugust 17, 1898Crim. No. 370California644 words

Opinion

Lead Opinion

Appellant was convicted of the crime of grand larceny—cattle-stealing—and appeals from the judgment and from an order denying a new trial.

*669 1. The prosecution called as a witness one Firmain Yallenzuella, against whom an information had been filed, and was still pending, charging him with the larceny of the same cattle, and he testified that he and this appellant had committed the larceny for which appellant was being tried.

For the purpose of impeaching Yallenzuella, appellant called a witness and asked him the following question: “Are you acquainted with the general reputation of Firmain Yallenzuella for truth, honesty and integrity, in the community in which he lives?”

Upon objection being made to the question the court ruled that it could only be answered as to “his general reputation for truth and veracity.”

In Heath v. Scott, 65 Cal. 548, it was held that for the purpose of impeaching a witness the inquiry is not confined to his reputation for truth and veracity, but may extend to his general reputation for truth, honesty and integrity. (See, also, Code Civ. Proc., secs. 1847, 2051; People v. Hickman, 113 Cal., 86, 87 .)

The error of the court in limiting this…

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