People v. Dickman

SWAIN, J.—The

defendant was convicted of battery and of disturbing the peace. He appeals from (1) the order denying his motion for a new trial, (2) the judgment, and (3) the order granting probation.

The defendant and two companions were arrested because their appearance corresponded in some particulars to the description of three men who had robbed a market. No claim is now made that the defendant or his companions had committed the robbery. The arresting officers drove the defendant and the two other suspects to the garage of the Los Angeles police building. There the police officers demanded that the defendant give them a camera he was carrying. A struggle ensued in which, the police officers testified, the defendant hit Officer Nash with the camera. The defendant testified that Nash hit him with it. The charges of which the defendant was convicted were based on the events at the garage. The defendant claimed that the arresting officers

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wanted the camera without waiting to get to the booking office because he had, at the scene of the arrest, taken a picture of Officer Nash holding the arms of Peterson (one of defendant’s companions) behind his back.

Without attempting to mention all the errors made by the trial court, we comment on these four.

1.

The court erred in limiting defendant’s cross-examination of the police officers.

In cross-examination the defendant sought to prove that they were biased and prejudiced against him because of the picture he took at the scene of the arrest. This occurred when Officer Massender was on the stand: Mr. Romero (defendant’s counsel) : “Tour Honor, may we go into the matter as to the motive, bias, prejudice of the witness for making this arrest?” The court: “Absolutely you cannot ask this officer any question except about those matters into which the City Attorney has inquired.” The city attorney had not inquired whether the witness was biased or prejudiced nor whether he believed that the camera contained a damning picture. Later this was repeated: Romero: ‘ ‘ That is what I am trying to elicit for the purpose of showing bias.” The court: “I am sorry, counsel, but you cannot elicit that because it was not gone into by the People.”

2.

The court erred in asking prejudicial questions.

After the defendant had repeatedly denied that he hit Officer Nash, the court asked: “Was that before you hit him?” This plainly indicated to the jury that the judge did not believe the defendant’s testimony