People v. Simons

CURTIS, J.

The defendant was convicted of the crime of robbery and appeals from the judgment and order denying his motion for a new trial.

The first point made by appellant for a reversal of the judgment is that the court erred in overruling his objection to a question asked Virginia Walton, a witness on behalf of the defendant. This witness had testified that the general reputation of the defendant was good for truth,

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honesty, and integrity. On cross-examination the prosecuting attorney asked her whether she had ever heard that the defendant, on or about January 10th, had taken a Ford coupe, which he had bought on contract and on which he then owed a large part of the purchase price, to an isolated spot and with the assistance of a companion had stripped it of the accessories that they wanted and then set fire to it and pushed it over an embankment into a ravine. Over the objection of the defendant, the witness was permitted to answer' the question, her answer being in the negative. It is now contended by the appellant that the sole purpose of the prosecuting attorney in asking this question was to prejudice the defendant in the estimation of the jury, and that the court erred in overruling appellant’s objection thereto. The right to ask such a question of a witness, called for the purpose of establishing the good reputation of defendant, has frequently been before the courts of this state, and they have consistently held adversely to appellant’s contention. In

People

v.

Gordon,

103 Cal. 568, 574 [37 Pac. 534, 535], the supreme court said, “having testified as to the defendant’s general good character, his opinion and the value of it may be tested by asking the witness, on cross-examination, whether he has ever heard that the person in question has been accused of doing acts wholly inconsistent with the character which he has attributed to him.” A similar ruling was made in

People

v.

Perry,

144 Cal. 748, 750 [78 Pac. 284], and