People v. Ferrara

Criminal Law — Grand Larceny — Prior Conviction — Alibi — Evidence of Identity—Cross-examination—Redirect—Prior Identity by Photograph.—Where, upon a prosecution for grand larceny, the defendant had pleaded guilty to an alleged prior conviction, and relied upon an alibi, and sought upon cross-examination of the prosecuting witness to weaken and break his testimony as to the identity of the defendant, who had immediately disappeared after the larceny, and was arrested for the crime one year thereafter in Portland, Oregon, the court properly allowed the witness to testify.on redirect examination that the next day after the discovery of his loss he complained to the police department, where he was shown photographs of former criminals, one of which he immediately recognized as that of the defendant.

Id.—Ground of Admissibility of Identification by Photograph— Credibility of Evidence—Corroborating Proof.—The proof as to the identification of the defendant’s photograph was admissible not to show the identity of the accused as the guilty party, for which purpose it would be incompetent, but rather to establish the truth and credibility of his evidence that, after the defendant’s arrest, he could and did identify him as the guilty party. The evidence of the officer, who made the arrest, was lalso admissible to corroborate the defendant’s evidence as to the identification of his .photograph made in such officer’s presence in the police department.

Id.—Remark of Court in Admitting Evidence as to Photograph— Absence of Objection—Possibility of Injury Waived.—Where the court remarked upon admitting the testimony of the prosecuting witness as to the photograph of defendant found in the office of the police department that perhaps the picture was found at a place where it had no right to be, no objection having been taken to such remark at the time, the possibility of injury to the defendant therefrom cannot be considered.

Id.—Reference in Testimony of Officer as to Prior Trouble of Defendant—Defendant not Prejudiced.—A reference in the testimony of the arresting officer, who corroborated the evidence of the defendant as to the identification, of defendant’s photograph, to the fact that the defendant had been in trouble before, could not prejudice the defendant, he having by his plea of guilty to a prior conviction, injected that matter into the case, so that there was no violation of section 1025 of the Penal Code by the prosecution.