People v. Khan

California Court of Appeal Jun 14, 1928 No. Docket No. 1030.Published

Before: Finch

AI Brief

AI-generated · verify before citing

Holding. The court held that the evidence was sufficient to support the conviction and that the trial court did not err in admitting evidence of a prior civil action to establish motive or in refusing to give the defendant's requested jury instructions.

Issues

Whether the evidence was sufficient to support the conviction for simple assault.
Whether the trial court erred in admitting pleadings from a prior civil action to show motive.
Whether the trial court erred in refusing to give the defendant's requested jury instructions regarding witness credibility and character evidence.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The evidence is sufficient to justify the conviction.”

“It was material for the prosecution to show the nature of the civil action and the seriousness of the charges made therein against the defendant, not for the purpose of establishing the truth of the facts charged, but of proving that the charges were made”

FINCH, P. J.

The defendant was charged with the crime of assault with a deadly weapon with intent to commit murder. He was convicted of simple assault and his motion for a new trial was denied. This appeal is from the judgment of conviction and the order denying a new trial.

The evidence is sufficient to justify the conviction. The prosecuting witness testified that while he was running away from the defendant the latter fired three shots at the former, the second shot taking effect. Another witness testified that shortly after the shooting he found the prosecuting witness lying in the road; that “he was shot in the right

[536]

shoulder”; and that he said, “Khan shot, Khan shot.” This witness notified the sheriff, who reached the scene of the shooting a few minutes later. The sheriff testified that the prosecuting witness “had been shot.”

Prior to the shooting the prosecuting witness had instituted an action against the defendant for the alienation by the latter of the affections of the former’s wife. The case was on trial during the day of the shooting, the shooting taking place in the evening. For the purpose of showing motive, the prosecution introduced in evidence, over the defendant’s objections, the complaint, summons, and answer in that action. The complaint, among other allegations, averred that at various times the defendant had sexual intercourse with complainant’s wife. The answer denied all allegations of wrongful conduct. The prosecuting witness testified that immediately prior to the shooting he was approached by the defendant, who said, “You know who I am, you take me in court.” This testimony tends to show that the defendant’s desire to injure the prosecuting witness was aroused by the prosecution of the civil action against him. It was material for the prosecution to show the nature of the civil action and the seriousness of the charges made therein against the defendant, not for the purpose of establishing the truth of the facts charged, but of proving that the charges were made and the consequent ill feeling probably engendered thereby in the mind of the defendant.

(People

Colvin,

People v. Khan

AI Brief

FINCH, P. J.

More from California Court of Appeal

Related research

AI Brief