People v. Hicks
California Supreme Court
Appeal from the District Court of, the Fifteenth Judicial District, San Francisco. The defendant was indicted for the murder of one William Page, and convicted of murder in the second degree. The appeal from the order denying a new trial having been dismissed at the argument of the cause, the case was considered upon the judgment roll. The material facts appear in the opinion.
1Opinion of the Court
By the Court, Crockett, J.:
At the trial, the Court instructed the jury in the words of subd. 3 of sec. 2061 of the Code of Civil Procedure, that “ a witness false in one part of his testimony is to be distrusted in others.” But the counsel for the defendant asked the Court to charge the jury “ that if they believed any witness had, upon the stand, willfully sworn falsely in respect to any matter material to the issue on trial, that they should disregard his testimony altogether.” The Court refused to give the instruction, and this refusal is relied upon as error.
In People v. Sprague, post, p.…
2Cited by7 opinions
- People v. TreadwellCalifornia Supreme Court · 1886
- White v. DisherCalifornia Supreme Court · 1885
- Cameron v. WentworthMontana Supreme Court · 1899
- People v. DentonCalifornia Court of Appeal · 1947
- In Re VandiveerCalifornia Court of Appeal · 1906
2 more not listed; retrieve them via the Exa API.