69 P. 1063 | Cal. | 1902
The defendant was convicted of perjury in swearing to a complaint before a magistrate, charging one Lai *221 Ha with grand larceny. It is contended that the information fails to charge the defendant with the crime, because it is not stated that the affidavit was delivered to any one to be uttered, nor that it was filed or used by the magistrate, or that it affected the proceedings in any way.
Counsel is clearly in error. Section
But the court erred in admitting the evidence of what the defendant had testified at the preliminary examination. The testimony was offered for the purpose of impeaching the defendant as a witness in his own behalf, and was objected to as incompetent. What transpired is thus correctly set forth by the attorney-general in respondent's brief: —
"The defendant's testimony given in folios 306-325 was fully put in evidence in this manner:
"First, the interpreter testified that he accurately stated in English, at the examination, all that the defendant said in Chinese.
"Second, the official stenographer then testified to every word which the interpreter had stated.
"By this method, the exact words of the defendant were conveyed through the double medium of the interpreter and the stenographer to the jury; neither of them alone could have accomplished this result."
Respondent contents that this case does not fall within the case of People v. Ah Yute,
Under these views it becomes unnecessary to consider the other points made by appellant.
The judgment and the orders appealed from are reversed.
McFarland, J., and Beatty, C.J., concurred.