People v. Nields

STURTEVANT, J.

The defendant was convicted of unlawfully selling intoxicating liquor; she moved for a new trial, her motion was denied and she has taken this appeal.

On the thirty-first day of December, 1923, it was claimed by the prosecution the defendant sold intoxicating liquor to four young men or boys, Leigan, Kincaid, Pena, and Keegan. Shortly thereafter the peace officers commenced an investigation. During that investigation each of the purchasers was interviewed by the district attorney from one to six times. On one or more occasions a stenographer was present and took down the questions and answers. When the instant case came on for trial the appellant made several requests that the district attorney furnish to the appellant a typewritten statement of the questions and answers. Each of those requests was denied by the district attorney or by the trial court, according to whom the application was made, and the refusal constitutes the principal point presented by the appellant on this appeal.

The appellant claims that her right to make the request is contained in section 1000 of the Code of Civil Procedure. The respondent replies that the section cited has no application to a criminal case. Without deciding the point, but

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assuming for the purpose of this decision that the section may have application in a criminal case, we think it is clear that the appellant never presented a record showing that she had any right to any relief under that section. The information was filed on the nineteenth day of February, 1924. • The appellant entered her plea on the third day of March, 1924. At no time did the appellant serve, file, or present for record a notice of motion, or make a motion, or make any showing that at any time or at all she would apply for an order authorizing her to inspect or receive a copy of one of the statements, or' that the statements had in fact been reduced to writing. On the contrary, the record discloses affirmatively that some of the statements had not been reduced to writing. When the witness Leigan was on the stand, without any showing that the statement made by Leigan had been reduced to writing, the appellant asked the court for an order directing the district attorney to deliver to her the statement. The court refused to make the order. On April 8th, without making any additional showing, the request was renewed regarding the statements of all four of the purchasers. The court refused to make the order. Later, when the witness Kincaid had testified that he made a statement to the district attorney, the appellant, without making any further showing, again applied to have the statement made by Kincaid delivered to her. The motion was denied. Immediately thereafter the People rested and thereupon the appellant called the district attorney as a witness. From him the appellant developed the fact that the district attorney had been subpoenaed to appear as a witness and bring the statements with him. It also transpired that although the statements had been taken down that all of them had not been transcribed, and in this behalf that Kincaid’s statement had not been transcribed. The record does not disclose which one, but seems to indicate that one or more statements were transcribed. The record is wholly silent to the effect as to whether or not any one of the statements contained any fact or facts of any value whatsoever to the appellant. The record shows affirmatively that the district attorney, the sheriff, and the stenographer, Mrs. Johnson, were present when some of the statements were written down in shorthand. The defense made no attempt to call and examine any one of those per