California Supreme Court, 1862

People v. Boscovitch

California Supreme Court · Decided July 1, 1862 · Cope, Field, Norton

20 Cal. 436; 1862 Cal. LEXIS 60

Cases that cite this one

13 later published cases cite this decision.

People v. Valdez (Cal. Ct. App. 1986)
(HC) Hernandez v. Gamboa (United States District Court for the Eastern District of California 2025)
People v. Hernandez CA5 (Cal. Ct. App. 2024)
People v. Redondo (Cal. Ct. App. 1988)
Germ v. City & County of San Francisco (Cal. Ct. App. 1950)
People v. Russell (Cal. Ct. App. 1939)
Mintzer v. Wilson (Cal. Ct. App. 1937)
People v. Mack (Cal. Ct. App. 1931)
State v. Worthen (Iowa 1904)
Loose v. State (Wis. 1903)
State ex rel. Closson v. David (Ind. Ct. App. 1900)
Davis v. Byrd (Ind. 1884)
In re Cary (District Court, S.D. New York 1882)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Field, C. J. delivered the opinion of the Court—Cope, J. and Norton, J. concurring.

The Attorney General very properly confesses error in the present case. If the witnesses offered disregarded the rule of the Court excluding their presence, until called, during the progress of the trial, the Court might have punished them as for a contempt. The fact constituted no ground for the exclusion of their testimony. The defendant could not enforce the rule, and to deprive him of the benefit of their testimony for its disobedience, without fault on his part, was manifestly unjust and illegal.

Judgment reversed and cause remanded for a new trial.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.