The Codes of California; As Amended and in Force at the Close of the Forty-Third Session of the Legislature, 1919 (4, PT. 2)

The Codes of California; As Amended and in Force at the Close of the Forty-Third Session of the Legislature, 1919 (4, PT. 2)

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. 1921 edition.: ...Procedure, limits rule to civil actions (5 1881, subd. 4), and Penal Code, which expressly observes rule as to husband and wife In chapter determining "who may be witnesses in criminal actions," makes no mention of physicians and patients. Statutory privilege was not conferred to shield person charged with murder of another, and it certainly was not intended to be used as weapon against crime. Common-law rule as to physicians is not observed in either criminal or civil cases.--People v. Lane, 101 Cal. 513, 516, 36 Pac. 16; People v. West. 106 Cal. 89, 91, 39 Pac. 207. Physician, when may and when mny not testify--See note 17 Am. St. Rep. 565-571. 33. Same--Incompetency of, Is limited to civil actions.--That provision rendering physician Incompetent to testify is expressly limited under California code to civil actions, see Code of Civil Procedure, section 1881, subdivision 4.--People v. Lane, 101 Cal. 513, 516, 36 Pac. 16. That statute rendering physician incompetent to testify Is applicable in criminal cases In New York, see notes 52 Am. Rep. 1, 4; 17 Am. St. Rep. 570. 34. Prosecuting attorney who is In situation to know of facts tending to show guilty knowledge on part of defendant may be allowed to give his testimony in Interests of justice.--People v. Hamberg, 84 Cal. 468, 473, 24 Pac. 298. As to competency of prosecuting attorney as witness, see note 55 L. R. A. 231-234. 35. Religious sentiments--Abrogation of common-law rule.--In this state no person is to be held incompetent as witness on account of his opinions on matters of religious belief. In this respect common-law rule has been abrogated.--People v. Sanford. 43 Cal. 29, 34. 30. Same--Do not render witness Incompetent.--Common-law rule relative to incompetency to testify as witness because of want of religious sense of accountability has been abrogated in this state, and no person is held incompetent to be witness on account of his opinions on matters of religious...show more

Product details

  • Paperback | 620 pages
  • 189 x 246 x 32mm | 1,089g
  • Rarebooksclub.com
  • United States
  • Latin
  • black & white illustrations
  • 123674960X
  • 9781236749604