Beagle

People v. Beagle

Good Law

1972 Cal. LEXIS 141·6 Cal. 3d 441·99 Cal. Rptr. 313·492 P.2d 1

Supreme Court of CaliforniaJanuary 5, 1972Crim. No. 15794California6,530 words

Opinion

lead Opinion

Wright, J.

Defendant Harvey Lynn Beagle II was convicted by a jury of one count of attempted arson (Pen. Code, § 451a)-and one count of arson (Pen. Code, § 448a). A prior conviction of having issued a check without sufficient funds (Pen. Code, § 476a) was charged and admitted but the judgment reflects no disposition of the allegation. Defendant was sentenced to the state prison for the term prescribed by law.

Although we reject all of the many contentions presented by defendant on appeal from the judgment, we nevertheless conclude, inter alia, that a trial judge must exercise his discretion to prevent impeachment of a witness by the introduction of evidence of a prior felony conviction when the probative value of such evidence is substantially outweighed by the risk of undue prejudice. (See Evid. Code, § 352.)

The charges stem from fires independently originating in buildings housing neighboring business establishments, Rudy’s Keg, a bar, and north of the. bar, Lewin’s Furniture Store. Both buildings were located on Vine-land Avenue in North Hollywood. Other commercial enterprises are also situated on Vineland south from Rudy’s Keg. Behind such establishments are open areas and…

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Parties

THE PEOPLE, and
Plaintiff
HARVEY LYNN BEAGLE II, and
Defendant

Judges

Wright

Cites (75)

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