People v. Josephs
California Supreme Court
Appeal from the Court of Sessions of Placer County. The defendant was indicted, and convicted, of the crime of attempting to commit a rape upon a child of the age of four years. The defendant plead not guilty.
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Appeal from the Court of Sessions of Placer County. The defendant was indicted, and convicted, of the crime of attempting to commit a rape upon a child of the age of four years. The defendant plead not guilty. In the course of the trial, counsel offered testimony to prove the general character of the defendant, and asked a witness the following questions: “ Do you know defendant’s general reputation amongst his neighbors for morality and good behavior?” “Do you know defendant’s general character ?” The Court below refused to admit the evidence, or permit the witness to answer the questions.…
1Opinion of the CourtMurray, C. J.
The appellant was convicted of an assault, with the intent to commit a rape. Several grounds of error are relied on for reversal. Those which go to the indictment should have been taken by demurrer. See Crim. Code, § 297.
The evidence set out in the record, is plain and unequivocal. Evidence of good character is only admissible in doubtful cases, and when admitted, should “ be restricted to the trait of character which is in issue, and ought to bear some analogy and reference to the nature of the charge.” 3 Greenleaf Ev., § 25.
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2Cases cited1 opinion
- Douglass v. TouseyNew York Supreme Court · 1829
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