Harris v. More (1884) · DecisionDepot

Harris v. More

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

California Supreme Court Dec 15, 1884 No. No. 9723Published

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Holding. The court held that the record of a third party's murder conviction was admissible to show their implication in the crime, and that the trial court erred in granting a nonsuit because the evidence was sufficient for jury consideration.

Issues

Whether the record of a third party's murder conviction was competent evidence to show their implication in the crime.
Whether the trial court erred in granting a nonsuit based on the evidence presented and offered.

Disposition. reversed

Quotations verified verbatim against the opinion

“the record of the conviction of Sprague of the murder of W. T. More was competent for the purpose of showing that Sprague was implicated in said murder”

“the court erred in granting a nonsuit.”

Synopsis

Evidence—Becord of Conviction of Murder as.—The record of conviction of murder is admissible as evidence of the fact that the person convicted was implicated in said murder.

By the COURT. We think the record of the conviction of Sprague of the murder of W. T. More was competent for the purpose of showing that Sprague was implicated in said murder, and that the court erred in excluding it for that purpose. The evidence introduced, together with that offered and erroneously excluded, was sufficient to entitle the plaintiff to have the issues submitted to the jury, and the court erred in granting a nonsuit. Judgment and order reversed.

Harris v. More

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