People v. Pedone

KEBBIGAN, J.

Defendant was jointly indicted with his brother, Antone Pedone, Sr., and the latter’s son, Antone Pedone, Jr., for the crime of murder, it being alleged that on the thirtieth day of November, 1916, at the city and county of San Francisco, they killed Gaetano Ingrassia. Defendant demanded a separate trial, which being duly had, the jury returned a verdict finding him guilty of murder in the first degree and fixing his punishment at life imprisonment. He now appeals from said judgment and the order denying his motion for a new trial.

The defendant testified at the trial in his own behalf and claimed that the deceased, being a stranger to him, was the aggressor in the encounter which led to his death, and that he, the defendant, took his life only in self-defense. On the other hand, the testimony introduced on behalf of the People showed that the deceased was without warning set upon by

[454]

the three Pedones, who were armed with pistols and a rifle, and was killed with these weapons, two of the wounds being received by the deceased after he was disabled and was lying prostrate upon the ground behind some chicken-coops in front of a grocery-store, where he had taken refuge.

There is no claim—nor could there be—that the evidence does not sustain the verdict. In fact, the record overwhelmingly shows that .the deceased was brutally murdered, and that the defendant was guilty of the crime.

On direct examination the defendant gave his name as Joseph Pedone. On cross-examination the prosecuting officer, over the objection of defendant’s counsel, was allowed to ask him if he had not at various times and different places been known by other names, to each of which questions he answered in the negative. It has been quite recently held by our supreme court that such cross-examination ordinarily is not proper

(People

v.

Mohr,

157 Cal. 732, [109 Pac. 476];

People

v.