People v. Winters

Decided July 1, 1874

California Supreme Court · decided 1874-07-01

The witness Plageman was the person whose house had been broken and entered. The District Attorney, in the course of his examination, did not ask him his name, and there was no proof that it was Plageman’s house which had been broken, except the answer to the question put by the Clerk. The defendant was convicted, and was sentenced to the State prison, June 20, 1874, and appealed. The other facts are stated in the opinion.

Cited by 1 later decisions — most recently November 1917

Good law ✅— No negative treatment on recordhow we know

Decided 1874-07-01

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By the Court, McKinstry, J.:

¶1Indictment charging defendant with entering the house of one Henry Plageman with intent to commit larceny therein. The first witness called by the prosecution, after having been duly sworn, was asked by the Clerk, “what is your name?” To which question he replied, “Henry Plageman,” and then proceeded to testify further in the case. The defendant has appealed, and claims that it was not proved that the name of the witness was Henry Plageman, because his reply to the question put by the Clerk constituted no portion of his testimony.

¶2Judgment and order denying new trial affirmed.

¶3Neither Mr. Justice Crockett nor Mr. Justice Rhodes: expressed an opinion.