People v. White

VAN DYKE, J.

The defendant was tried in the county of Los Angeles, and convicted of the crime of robbery, and

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sentenced to imprisonment in the state prison at San Quentin for the term of twcnty-ñve years, from which conviction defendant appeals.

1. The first error assigned by the appellant is, that the court permitted improper cross-examination of the defendant. We have examined the points of the cross-examination referred to by counsel and can see nothing that justifies his contention. The cross-examination seems to be only in response to the examination in chief.

2. It is further contended on behalf of appellant that the court erred in allowing the introduction of records of the police court of Los Angeles for the purpose of impeaching the defendant White and his principal witness, Fred Medinas. The robbery charged against the defendant was alleged to have been committed on the 18th of June, 1902. The district attorney was permitted by the court, over the objection of the defendant, to introduce in evidence the record from the police court of the city of Los Angeles, in which it was charged that the defendant, in July, 1898, committed the crime of battery, for which offense he was fined the sum of fifteen dollars, or in default of the payment of said fine, to be imprisoned in the city jail. The district attorney was also permitted by the court, over the objection of the defendant, to introduce in evidence the records of the police court of said city of Los Angeles of March, 1901, containing a charge against the defendant, John White, of being an idle and dissolute person in said month of March, for which offense he was imprisoned in the city jail of Los Angeles City for the term of four months. These records were offered, as stated by the district attorney, "simply by way of impeachment,” and in overruling defendant’s objection the court stated that they were admitted "merely to attack the credibility of the witness.” Fred Medinas was one of the principal witnesses on behalf of the defendant. The district attorney was allowed by the court, over the objection of the defendant, to introduce in evidence for the purpose of impeaching said witness, a record from the police court of the city of Los Angeles, under date of December, 1900, in which it appeared that he had been charged and convicted of being an idle, dissolute person, and an associate of thieves, and wan-o dering about the streets at late hours of night, and was