Can a defense counsel elicited the quoted statement regarding the scope of the other investigation when questioning a witness?

California, United States of America


The following excerpt is from People v. Marghzar, 192 Cal.App.3d 1129, 239 Cal.Rptr. 130 (Cal. App. 1987):

At trial, appellant did not object to the statement quoted above. Generally, an error is deemed waived if the defendant does not make an appropriate objection at trial. People v. Green (1980) 27 Cal.3d 1, 34, 164 Cal.Rptr. 1, 609 P.2d 468.) The issue may be raised for the first time on appeal if the trial court could not have cured the harm by a prompt admonition to the jury. (Ibid.) In the case at bar, defense counsel elicited the quoted statement regarding the scope of the other investigation when questioning the witness regarding alleged inaccuracies and discrepancies in police reports which purported to list property observed to be in appellant's possession the night of June 4. Had appellant objected to the statement, the court could have promptly and adequately instructed the jury that the testimony given regarding the scope of the other investigation was not evidence that appellant was a subject of that investigation and that no such inferences should be drawn. Such an instruction would have cured the harm appellant contends resulted from the testimony. Therefore, this issue cannot now be raised on appeal. 1

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