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Reports of Cases Determined in the Supreme Court of the State of California (Volume 120 )

Reports of Cases Determined in the Supreme Court of the State of California (Volume 120 )

Paperback

General World History

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ISBN10: 1235792110
ISBN13: 9781235792113
Publisher: General Books
Weight: 1.31
Height: 0.69 Width: 7.44 Depth: 9.69
Language: English
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1906 Excerpt: ..., t CRIMINAL LAW (Continued). missible evidence, the complaint must be made at the earliest practicable moment after the alleged offense, or the delay must be satisfactorily excused or justified: and evidence of a complaint long delayed, where the delay in making it is not satisfactorily explained, is inadmissble; and an instruction based upon such inadmissible evidence is erroneous. (Id.) 99. Impeachment--Deposition Takes At Preliminary Examination--Explanation.--Where the attention of a witness is called upon the cross examination to his deposition taken before the justice of the peace at the preliminary examination for purposes of impeachment, lie has a right, upon redirect examination, to explain his former testimony; and it is reversible error to refuse to permit him to do so, on the alleged ground that the deposition is a record which cannot be explained or varied. (Id.) 100. Improper Reading Of Deposition--Contradictory Parts Only Admissirle.--It is improper to read the whole of the former deposition of the witness for purposes of impeachment under pretense that some portions of it are contradictory of his testimony at the trial: but the proper course is to read only those portions that are contradictory and, being in writing, they must be shown to the witness before any question is asked concerning them, unless he asks to have them read to him instead of being shown to him. (Id.) 101. Impeachment Of Prosecutrix--Announced Theory Of Defense--Made-up Story--Admissirle Evidence.--Where the announced theory of the defense was that the charge of rape committed by the defendant upon his daughter, the prosecutrix, was a made-up story by the prosecutrix for the purpose 01 getting away from her father's control, a question asked her upon cross-examination wh...

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