People v. McDonald

California Supreme Court
People v. McDonald, 39 Cal. 697 (Cal. 1870)
1870 Cal. LEXIS 139
Rhodes

People v. McDonald

Opinion of the Court

Rhodes, C. J.,

delivered the opinion of the Court:

On cross-examination of the defendant, who was sworn as a witness in his own behalf, the District Attorney asked the following question : “Were you not convicted and sentenced to the County Jail, for an assault on a girl about ten years of *698age?” to which question the defendant’s counsel objected, on the ground that the testimony of the witness was not the best evidence of the conviction. The objection was overruled. The Court erred in overruling the objection. (People v. Reinhart, 39 Cal. 449.)

Judgment reversed, and cause remanded for a new trial.

Reference

Full Case Name
THE PEOPLE OF THE STATE OF CALIFORNIA v. FELIX McDONALD
Cited By
5 cases
Status
Published
Syllabus
Evidence of a Conviction to Disceedit a Witness.—In order to discredit a witness by showing Ms conviction of an offense, the best evidence of the conviction is requisite.