People v. Gardner

Opinion

DRAPER, P. J.

Admissibility of appellant's prior conviction of was discussed out of the jury’s presence well before appellant testified. The court ruled that the crime of manslaughter tended to show only violence, and not lack of honesty. (People v. Beagle, 6 Cal.3d 441 [99 Cal.Rptr. 313, 492 P.2d 1].) The judge stated expressly that it could not be used by the prosecution • to impeach appellant unless the latter’s testimony on direct included assertions which it could rebut. On direct examination, appellant said “I don’t threaten people. I never threatened anybody,” and also testified…