People v. Bullard
Synopsis
Cboss-Examination of Witness.—If, on an indictment for assault with intent to commit murder by shooting at the prosecutor, a witness for the prosecution testifies that he was near and saw the defendant shoot at the prosecutor, he may be asked, on cross-examination, for the purpose of testing his credibility, whether he did not soon after ask the prosecutor whether the defendant had shot at him.
By the Court: During the cross-examination of J. C. C. Foster, a brother of the person upon whom it is alleged that the felonious assault was committed, the following question was asked: “After your brother unhitched his team and was riding past where you were, did you not then ask your brother whether the defendant had shot at him or not?” and on the objection of the district attorney, the question was excluded. This ruling is erroneous. The witness had stated that he saw the defendant in the act of shooting at his (the witness) brother. Questions of the character of the one above quoted were both competent and material for the purpose of testing the credibility of the witness and the truth of his testimony.
Judgment reversed and cause remanded for a new trial.
More from California Supreme Court
- People v. Wende (1979)
- People v. Watson (1956)
- People v. Superior Court (Romero) (1996)
- People v. Kelly (2006)
- Auto Equity Sales, Inc. v. Superior Court (1962)
- Aguilar v. Atlantic Richfield Co. (2001)
- People v. Lewis (2021)
- In Re Estrada (1965)
- Denham v. Superior Court (1970)
- People v. Marsden (1970)