Legal Opinion

People v. Zaffino

California Court of Appeal

Decided October 16, 1957No. Crim. No. 5951PublishedCited by 1 opinion

1Opinion of the CourtAshburn, J.

After a jury trial defendant was convicted of assault with a deadly weapon. He appeals from the judgment and an order denying his motion for a new trial. The appeal is but an effort to obtain a reweighing of the evidence by an appellate court.

Appellant’s counsel argues that the testimony of the victim, one Charles Simmons, should be disregarded because it was shown that he had been convicted of a felony and his testimony was internally inconsistent. Impeachment goes only to the weight of the witness’ testimony, and it is for the jury and the trial judge (who denied the motion for new trial)…

2Cases cited7 opinions

  1. People v. NewlandCalifornia Supreme Court · 1940
  2. People v. HustonCalifornia Supreme Court · 1943
  3. People v. RiccardiCalifornia Court of Appeal · 1920
  4. People v. HardwickCalifornia Supreme Court · 1928
  5. People v. GavinCalifornia Court of Appeal · 1920

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3Cited by1 opinion

  1. People v. EmpieCalifornia Court of Appeal · 1961

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