[Download] "Moss v. People" by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Moss v. People
- Author : Colorado Supreme Court
- Release Date : January 27, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
2. Upon cross-examination of the peoples witness, Mrs. Sanchez, counsel for defendant sought and offered to show that the witness had been in the presence of the defendant before when he had been under the influence of liquor. The district attorney objected to this question because it was not proper cross-examination, and the court sustained the objection. Defendant upon this review now argues that the courts ruling was erroneous because evidence of the conduct of the accused on previous occasions, when he was intoxicated, is competent as bearing on the question of his intoxication when he committed the crime charged. Such may be the doctrine, under a state of facts different from that contained in this record, but the objection to this question was sustained by the court, and properly so, because it involved and concerned matters not covered by the state on direct examination. In Mitsunaga v. People, 54 Colo. 102, 108, 129 Pac. 241, we stated that questions not germane to matters about which the witnesses testified, are not proper cross-examination.