People v. Stewart
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Sonoma County. The defendant was indicted for the crime of murder, and convicted of murder in the second degree, and appealed. The other facts are stated in the ojnnion of the Court.
1Opinion of the Court
By the Court,
Sanderson, C. J.
The Court below erred in excluding the testimony offered by the defendant for the purpose of proving his character for peace and quiet to be good. To that extent his character was involved in the issue of not guilty, and it was competent for him, if he could, to prove it to be good. (3 Gfreenleaf on Evidence, Sec. 25, et sequens.)
The cases of The People v. Josephs, 7 Cal. 129, and The People v. Lombard, 17 Cal. 316, so far as they may seem to hold' a contrary doctrine, are not law. It is not for the Court to determine whether the case is doubtful or not, and if…
2Cases cited2 opinions
- People v. JosephsCalifornia Supreme Court · 1857
- People v. LombardCalifornia Supreme Court · 1861
3Cited by2 opinions
- People v. AlbersMichigan Supreme Court · 1904
- Morgan v. StateSupreme Court of Alabama · 1889