People v. Brady
California Supreme Court
Appeal from tbe County Court of tbe City and County of San Francisco. Tbe defendant appealed. Tbe other facts are stated in tbe opinion. Tbe statutes of this State say, “Chinese shall not be witnesses in an action or proceeding wherein a white person is a party.” And again: “No Chinese shall be permitted to give evidence in favor of or against any white person.”
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Appeal from tbe County Court of tbe City and County of San Francisco. Tbe defendant appealed. Tbe other facts are stated in tbe opinion. Tbe statutes of this State say, “Chinese shall not be witnesses in an action or proceeding wherein a white person is a party.” And again: “No Chinese shall be permitted to give evidence in favor of or against any white person.” These provisions are in force, unless in whole or in part repealed by a clause in the Fourteenth Amendment to the National Constitution, which provides: “ Nor shall any State deprive any person of life, liberty or property, without…
1Opinion of the CourtTemple, J.
The defendant, a white man, was convicted of the crime of robbery, committed upon Hing Kee, a Chinaman, who was permitted to testify against the defendant on the trial
The ruling of the Court admitting this testimony against the defendant’s objections is assigned as error, and is the only question raised on this appeal.
Section 14 of the Act of this State concerning crimes and punishments, as amended in 1863, reads as follows: “No Indian or person having one half or more Indian blood, or Mongolian or Chinese, shall be permitted to give evidence in favor of, or against, any white man.”
This…
2Cases cited1 opinion
- People v. WashingtonCalifornia Supreme Court · 1869
3Cited by12 opinions
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- In Re Hong Yen ChangCalifornia Supreme Court · 2015
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- Burke v. Clark, Pennsylvania Court of Common Pleas, Philadelphia County1952
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