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53 Cal. 68

People v. Methvin

California Supreme Court

Decided July 1, 1878

California Supreme Court · decided 1878-07-01

The defendant was tried for the crime of robbery. At the . trial the Court permitted the District Attorney, for the purpose of impeaching the veracity of a witness who had testified in behalf of the defendant, to ask. the question as stated in the opinion of the Court. The defendant was convicted, and appealed.

Cited by 2 later decisions — most recently June 1891

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1878-07-01

View the full empirical analysis of this case →

By the Court :

¶1The Court below erred in permitting the question, (against the objection of defendant’s counsel) “ From what you know *69of his reputation, and what you know of him,” [the witness sought to be impeached] “ would you believe him under oath in a matter in which he is interested ? ”

¶2Assuming that the question was in other respects proper, it is clear that, in so far as it authorized the witness under examination to base belief on his personal knowledge—as distinguished from general reputation—the question was improper.

¶3Judgment and order reversed, and cause remanded for a new trial.

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