People v. Griffin (1878) · DecisionDepot

People v. Griffin

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1878 No. No. 10,322Published

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Holding. The court held that admitting hearsay testimony regarding a conversation that occurred outside the defendant's presence constituted reversible error.

Issues

Whether it was error to permit a witness to testify to a conversation held outside the defendant's presence.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“It was error to permit the witness Smith to testify to the prior conversation between himself and Walker. The conversation was not had in presence or hearing of the defendant. It was merely hearsay evidence, and very clearly inadmissible.”

Synopsis

Evidence of Decbabations.—On the trial of an indictment for a criminal offense, the declarations of a person made when the defendant is not present are not admissible in evidence against him.

By the COURT: It was error to permit the witness Smith to testify to the prior conversation between himself and Walker. The conversation was not had in presence or hearing of the defendant. It was merely hearsay evidence, and very clearly inadmissible.

For this error the judgment must be reversed. It is unnecessary to notice other palpable errors committed at the trial.

Judgment and order reversed, and cause remanded for a new trial.

People v. Griffin

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