48 Cal. 335 | Cal. | 1874
The defendant was convicted of murder in the second
Another point made by the appellant is that the venue
On the cross-examination of a witness for the defense, the District Attorney, for the purpose of discrediting him, asked him this question: “Were you ever arrested on February 1, 1871? Were you not arrested February 1, 1871, for vagrancy?” which was objected to on the ground that it was immaterial, and that the record was the best evidence. The Court overruled the objection, and permitted the question to be put and answered; and the witness admitted that he had been so arrested for vagrancy. This ruling is relied upon as error.
The objection that the record is the best evidence is not tenable. An arrest for vagrancy does not necessarily imply that there was any record evidence of the arrest. In People v. Snellie (No. 2,959), decided at the April term, 1872, but not reported, a witness was asked if he had been arrested for larceny. It was objected that the record was the best evidence. But we held that the question “ was not open to the. objection that the evidence thereby sought to be elicited was not the best evidence in degree.” The objection that the evidence- was “immaterial” does not raise the point whether it was competent and admissible under section two thousand and fifty-one of the Code of Civil Procedure. " There is a wide distinction be.tween immaterial and incompetent evidence. It may be material and tend to prove the issue, but incompetent for that purpose under the rules of law. On the other hand, it may be competent evidence in a proper case, but immaterial to any issue before the Court. A party objecting to the admission of evidence, must specify the ground of his objection when the evidence is offered, and will be considered as having waived all objections not so specified. To have entitled the appellant to raise the point in this Court as to the competency wf the evidence • under the Code, he should have made the objection on that ground in the Court belo*w.
Neither Mr. Chief Justice Wallace nor Mr. Justice McKinstry expressed an opinion.