People v. Mitchell
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtMcKee, J.
On the trial of this case the court below permitted the district attorney, over the exception of the defendant’s counsel, to read in evidence against the defendant a deposition of James Morris, the complaining witness in the case; and the ruling of the court in that regard is the principal assignment of error.
*86The deposition purported to have been taken under section 882 of the Penal Code. According to the provisions of that section the right to take the deposition of a witness, on behalf of the people, in a criminal case, arises out of the fact that the Avitness is unable to procure sureties…
2Cases cited3 opinions
- Williams v. ChadbourneCalifornia Supreme Court · 1856
- People v. Chung Ah ChueCalifornia Supreme Court · 1881
- People v. MorineCalifornia Supreme Court · 1880
3Cited by4 opinions
- People v. WardCalifornia Supreme Court · 1895
- Ryan v. PeopleSupreme Court of Colorado · 1895
- Alford v. United StatesCourt of Appeals for the Ninth Circuit · 1930
- Willard v. Superior CourtCalifornia Supreme Court · 1890