Romeo

Romeo v. United States

Good Law
24 F.2d 527·1928 U.S. App. LEXIS 2107
United States Court of Appeals for the Ninth CircuitMarch 5, 1928No. 5131California154 words

Lead Opinion

Gilbert, J.

In a petition for rehearing the defendants cite authorities to the proposition that, where objection is made to the competency of a witness to testify, the party offering the witness is not required to state what he expeets to prove by the witness. We find that the weight both of authority and reason is to the contrary (3 C. J. 829; Kischman v. Scott, 166 Mo. 214 , 65 S. W. 1031 ; Hutchings v. Cobble, 30 Okl. 158 , 120 P. 1013 ; Evans v. Smith, 50 Okl. 285 , 150 P. 1096 ; Corcoran v. Poncini, 35 Ill. App. 130 ), and that in the federal courts the question is conclusively answered by the decision in Herencia v. Guzman, 219 U. S. 44 , 31 S. Ct. 135 , 55 L. Ed. 81 , followed in Gustum v. Kradwell (C. C. A.) 270 F. 546 .

The petition for rehearing is denied.