People v. Pearson

Opinion

YEGAN, Acting P. J.

“No one can take advantage of his own wrong.” (Civ. Code, § 3517.) This equitable maxim surely applies where a party intentionally interferes with the truth-seeking function of the court. Here defendant concealed the victim-witness and obtained a partial acquittal. When he produced the same victim-witness for his own purposes on other counts, the trial court vacated the partial acquittal. In these circumstances defendant is estopped from seeking refuge under the jeopardy umbrella. “Our courts are not gambling halls but forums for the discovery of truth.” (People v.…