Does a defendant have to prove that a witness has committed a crime in order to prove otherwise?

California, United States of America


The following excerpt is from People v. Winning, 12 Cal.Rptr. 885, 191 Cal.App.2d 763 (Cal. App. 1961):

Nor do the cases cited by respondent prove that the proposed testimony was inadmissible. Appellants' point is that the testimony would negate the alleged dishonest scheme or pattern by rending apart the pattern and by showing error and mistake instead of criminal intent. Hence People v. Bond, 1910, 13 Cal.App. 175, 109 P. 150, in which a game warden, charged with the murder of an Indian during an arrest for illegal fishing, sought to show that he had murdered no one during other

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