232 P. 985 | Cal. Ct. App. | 1924
The defendant was convicted of unlawfully selling intoxicating liquor; she moved for a new trial, her motion was denied and she has taken this appeal.
On the thirty-first day of December, 1923, it was claimed by the prosecution the defendant sold intoxicating liquor to four young men or boys, Leigan, Kincaid, Pena, and Keegan. Shortly thereafter the peace officers commenced an investigation. During that investigation each of the purchasers was interviewed by the district attorney from one to six times. On one or more occasions a stenographer was present and took down the questions and answers. When the instant case came on for trial the appellant made several requests that the district attorney furnish to the appellant a typewritten statement of the questions and answers. Each of those requests was denied by the district attorney or by the trial court, according to whom the application was made, and the refusal constitutes the principal point presented by the appellant on this appeal.
The appellant claims that her right to make the request is contained in section
[1] Still conceding, without deciding, that the defendant in a criminal case may assert rights under section
[3] During the course of his argument the district attorney stated to the jury: "Suffice it to say in the opening that this is a case where the People of the State of California are plaintiff, and the defendant here, Jennie Nields, is the defendant, charged with a misdemeanor. You may not know it, but there are two kinds of misdemeanors, what are called the ordinary or low misdemeanor, that is tried in the Justices Court, and whenever the fine exceeds more than $500, which is the jurisdictional limit of the lower court, then we have what is known as the higher misdemeanor, the same as a felony. This is not a felony. There is no penitentiary offense or penalty connected with it. It is simply a misdemeanor." The appellant objected to the remark and asked the court to instruct the jury to disregard it. Thereupon the court stated: "Well, I am not so certain that it is not competent and proper, at the same *195 time as long as any question is made I will instruct the jury to disregard any statement of the district attorney in regard to the extent of the punishment and instruct the district attorney to avoid a repetition of it." In making that ruling we think that the trial court gave to the appellant more than she was entitled to.
We find no error in the record. The judgment is affirmed.
Langdon, P.J., and Nourse, concurred.