People v. Garnett
California Supreme Court
Appeal from the County Court, Sacramento County. The indictment charged the defendant with having, in the night time, feloniously and burglariously entered the house of T. Schroder, with intent to steal his goods, and with having then feloniously and burglariously stolen four hundred pounds of his beef. On the trial the defendant moved the Court to exclude all the witnesses from the Court room except the witness on the stand.
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Appeal from the County Court, Sacramento County. The indictment charged the defendant with having, in the night time, feloniously and burglariously entered the house of T. Schroder, with intent to steal his goods, and with having then feloniously and burglariously stolen four hundred pounds of his beef. On the trial the defendant moved the Court to exclude all the witnesses from the Court room except the witness on the stand. The motion was granted, except as to F. F. Burke, the Chief of Police of Sacramento. The prosecution relied principally on the testimony of Daniel Long, who was an…
1Opinion of the Court
By the Court, Sanderson, J.
The Court did not err in refusing to exclude the Chief of Police with the other witnesses. The exclusion of witnesses on the part of the prosecution, on the motion of the defendant, is not a matter of absolute right in all cases, but rests very much in the discretion of the Court, which may be exercised in favor of the defendant’s application or not, according to the circumstances of the case. (1 Greenleaf on Ev., Sec. 432.)
Nor did the Court err in refusing to discharge the defendant at the close of the testimony for the prosecution. The testimony of the accomplice…
2Cases cited1 opinion
- People v. ShotwellCalifornia Supreme Court · 1865
3Cited by25 opinions
- Sturgis v. StateCourt of Criminal Appeals of Oklahoma · 1909
- People v. McFarlaneCalifornia Supreme Court · 1903
- State v. McCormickIdaho Supreme Court · 1979
- People v. BoydenCalifornia Court of Appeal · 1953
- People v. DevlinCalifornia Supreme Court · 1904
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