People v. Langtree
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, from an order refusing a new trial, from an order denying a motion in arrest of judgment,from an order refusing to set aside the information, and from an order refusing to sustain a demurrer. The defendant and one Brandon were charged, by separate informations, Avith the same offense—burglary.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, from an order refusing a new trial, from an order denying a motion in arrest of judgment,from an order refusing to set aside the information, and from an order refusing to sustain a demurrer. The defendant and one Brandon were charged, by separate informations, Avith the same offense—burglary. The wife of Brandon was called as a witness for defendant and the testimony sought to be established by her tended to implicate her husband and establish the innocence of the defendant, but the court would not permit…
1Opinion of the CourtSharpstein, J.
It does not appear that Mrs. Brandon, who was called as a witness by the defendant, objected to testifying to all that she knew in regard to the burglary for which he was on trial. Nor does it appear that her husband objected to her testifying. His counsel, Mr. Carson, stated that, from the commencement of the trial, he had interposed no objection whatever. On being informed by the court that at that stage he had a right to interfere, if he so elected, Mr. Carson replied: “ I would much prefer not to have Mrs. Brandon examined.” She was a competent witness, and the only question which could…
2Cases cited2 opinions
- State v. BridgmanSupreme Court of Vermont · 1876
- Higbee v. McMillanSupreme Court of Kansas · 1877
3Cited by23 opinions
- People v. LoperCalifornia Supreme Court · 1910
- United States v. James H. BurksCourt of Appeals for the D.C. Circuit · 1972
- State v. RitzMontana Supreme Court · 1922
- State v. NelsonWashington Supreme Court · 1905
- Albritton v. StateSupreme Court of Alabama · 1891
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