Home/California Supreme Court/People v. Boscovitch

People v. Boscovitch

20 Cal. 436, 1862 Cal. LEXIS 60
CourtCalifornia Supreme Court
DecidedJuly 1, 1862
StatusPublished
Cited by16 cases

This text of 20 Cal. 436 (People v. Boscovitch) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Boscovitch, 20 Cal. 436, 1862 Cal. LEXIS 60 (Cal. 1862).

Opinion

Field, C. J. delivered the opinion of the Court—Cope, J. and Norton, J. concurring.

The Attorney General very properly confesses error in the present case. If the witnesses offered disregarded the rule of the Court excluding their presence, until called, during the progress of the trial, the Court might have punished them as for a contempt. The fact constituted no ground for the exclusion of their testimony. The defendant could not enforce the rule, and to deprive him of the benefit of their testimony for its disobedience, without fault on his part, was manifestly unjust and illegal.

Judgment reversed and cause remanded for a new trial.

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Cite This Page — Counsel Stack

Bluebook (online)
20 Cal. 436, 1862 Cal. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boscovitch-cal-1862.