tions it may extend to his general moral character-10 Ired. 469; 55 Mo. 520: 58 id. 507. Particular acts of misconduct on the part of the witness cannot be shown by way of impeachment-50 Cal. 234.

The proper inquiry is what is his general character in the place where he resides, from witness' knowledge?-2 McLean, 219; 30 Me. 71; 20 Ohio, 18; 6 Gratt. 706; and whether he would believe him on oath4 Wend. 231; 29 Mich. 173; 32 id. 484; see 9 N. H. 485. It is not competent to base his belief on personal knowledge as distinguished from general reputation-53 Cal. 68. He should first state that he is acquainted with that person's general character in the particular to which he deposes-25 Ala. 53. It is not competent to prove his general bad character disconnected from veracity-2 McLean, 219; 30 Me. 71; 20 Ohio, 18; 6 Gratt. 706.

In Ohio, the inquiry is restricted to the general character of the witness for truth and veracity-5 Ohio, (N. S.) 605. In Tennessee, the inquiry involves the whole moral character of the witness-1 Head, 38. The credit of a witness may be impeached, although the impeaching witnesses do not testify that from his general reputation they would not believe him under oath-35 Cal. 563. If the general character of a witness is impeached, the jury are bound to disregard the whole of his testimony-16 Ohio St. 218.

Sustaining character of witness.-Any inquiries into the charac ter of a witness opens that subject to evidence to sustain his good character-7 Gray, 46; 13 Tex. 713. Where the circumstances are calculated to excite doubts as to the truth of the charge, and to create an unfavorable impression as to the principal witness, the prosecutor may show any circumstance which will tend to rebut these presumptions-1 N. Y. 379. As a general rule, it is not competent for the party to prove that the witness has made declarations out of court corresponding with his testimony, but this rule has its exceptions-see 1 Parker Cr. R. 147; 10 Ired. 419; 10 Gray, 485; 24 Iowa, 570.

A person called to sustain the character of a witness may testify that he would believe him under oath-21 Wend. 309; and that he has never heard his character called in question-4 W. Va. 755; S. C. 1 Green C. R. 667; but a person is not competent to testify as to his general character simply because he has known him for years-69 N. C. 72; S. C. 1 Green C. R. 363. When it is proved that a witness has been convicted of felony, evidence is admissible to show that his reputation for truth and integrity is good in the community where he lives -50 Cal. 233; see 8 Conn. 93; 2 Hill, 317. A party cannot prove the general good character of his own witness until it has been attacked5 Denio, 106; but if his character is impeached, the party calling him may introduce testimony in support of his character for truth and veracity-19 Wend. 569; 33 Ind. 418.

The credit of a witness cannot be sustained by proof that he made to other persons before being called as a witness the same statements detailed in his testimony, except to prove they were not a fabrication of late date-48 Cal. 90. The imputed hostility of a witness may be negatived by asking him whether he feels so unfriendly towards the prisoner as to wish to see an innocent man convicted-23 Ala. 44; see 1 N. Y. 379. If evidence is introduced tending to show that one of the prosecutor's witnesses was suborned, the prosecution may introduce evidence to establish the good character of the witness-48 Cal. 64.

Proof of conviction for felony is an assault on the character of the witness for integrity and truth, and the prosecution may, in rebuttal, examine witnesses to prove that his reputation for truth and integrity is good in the community where he resides-50 Cal. 233. Where upon cross-examination an affidavit made by the witness was offered to impeach his testimony, the circumstances and conversation had by the witness with the person at whose instance the affidavit was made are

admissible-55 Cal. 185. A record of conviction for an assault by a witness is admissible against him, to impeach his credibility, for denying the commission of a prior assault-110 Mass. 410. Showing the original record of a coroner's jury to a witness, and asking him if he had signed the verdict, is not an effort to prove the contents of a written record by parole "-43 Cal. 164.

1322. Except with the consent of both, or in cases of criminal violence upon one by the other, neither husband nor wife is a competent witness for or against the other in a criminal action or proceeding to which one or both are parties. [Approved March 30th, in effect July 1st, 1874.]

When a wife, by statute, is permitted to testify for her husband, she is entitled to have her credibility tested by the same rules that apply to other witnesses-6 Iowa, 263; 8 id. 355; see 10 id. 81. Where a witness is called, and objected to by the opposite party on the ground that she is the wife of the party objecting, and he then proves by other witnesses that the two had cohabited together for a long time as husband and wife, had passed in society as such, and had represented each other as husband and wife, and there is no testimony to the contrary, she should be rejected as a witness-26 Cal. 133; 10 id. 535; 17 id. 598; 9 Paige, 611; 8 Serg. & R. 158.

A woman living with defendant as his wife, but not married to him, is a competent witness against him-55 Cal. 230; 9 La. An. 308. The wife of the prisoner is not a competent witness against her husband53 N. Y. 525; but in a proceeding against her husband, she is a competent witness-43 Mo. 429; but see Busb. 123. Where it is proper to allow an accomplice to be sworn, a man's wife is a competent witness 5 Parker Cr. R. 119; 25 Iowa, 128; 5 Blatchf. 102. A wife, as codefendant, is not a competent witness for the others-1 Gray, 555; see 9 Rich. 168; but if a default is entered against one, his wife is a competent witness for the others-31 Me. 62. The fact that the husband is a party to the record does not, of itself, exclude the wife as a witness on behalf of other parties-1 Met. 13. She cannot testify if the effect of her testimony is to injure or benefit her husband, but otherwise when her husband can derive no benefit nor receive any detriment-1 Nev. 543. On the trial for conspiracy to charge the wife of one of the defendants with adultery, such wife is not a competent witness-15 Me. 104; 37 Mo. 343; 51 id. 27.

If married women testify for the prosecution, defendant cannot, for the purpose of affecting their credibility, introduce testimony to prove a conspiracy on the part of their husbands to falsely prosecute him-49 Cal. 637. Where an accomplice and his wife are witnesses in determining the credibility of the testimony of the husband, the jury may take into consideration that of the wife-16 N. Y. 344.

1323. A defendant in a criminal action or proceeding cannot be compelled to be a witness against himself; but if he offer himself as a witness, he may be cross-examined by the counsel for the people as to all matters about which he was examined in chief. His neglect or refusal to be a witness cannot in any manner prejudice him, nor be used against him on the trial or proceeding. [Approved March 30th, in effect July 1st, 1874.]

Defendant as witness.-A defendant has a right to testify on his own behalf-42 Cal. 168. The defendant need not testify in his own behalf, and no inference of guilt can be drawn from his failure to do so-36 Cal. 522; and counsel cannot so argue against defendant's ob jections-53 id. 66; see 36 id. 522. The fact that defendant offers himself as a witness does not change or modify the rules of practice with reference to the proper limits of cross-examination, and does not make him a witness for the State against himself-41 Cal. 431. A question put to him on cross-examination, as to whether he had not been previously arrested for another larceny, is not objectionable-45 Cal. 148. If he testifies on his own behalf, the court need not, of its own motion, charge as to his credibility-44 Cal. 540. The same rule applies as to other witnesses-44 Cal. 540. See Const. Prov. ante, p. 18.

Examination of defendant as witness.-A defendant may be a witness in his own behalf-31 Cal. 576; see ante, page 18. It is not a valid objection to a witness that his name is not entered on the indictment-19 Cal. 426; 22 id. 348; 29 id. 562; 31 id. 576; but it may be a ground for a continuancé-6 id. 96.' He is entitled to the same rights and is subject to the same rules as any other witness-49 Ind. 124; 65 Barb. 48. The degree of credit to which he was entitled is for the jury and not the court-63 Barb. 630. The failure of a defendant to become a witness on his own behalf, is not to be considered by the jury as a circumstance tending to establish guilt, and counsel must not so argue against objections of defendant's counsel-53 Cal. 67; 36 id. 522.

In the United States courts the prisoner cannot testify in his own behalf-1 Dill. 422. A party as witness drops the character of a party and assumes that of a witness and is entitled to the privileges of a witness-24 N. Y. 298. Defendant as a witness on his own behalf may be cross-questioned by asking if he omitted anything pertinent to the case, and his attention may be directed to the precise point by asking him if some specified thing did not occur-46 Cal. 124; 65 Barb. 48. Where a defendant offers himself for examination in his own behalf, the prosecution cannot make him their witness by cross-examination -41 Cal. 429; 9 Nev. 179. The credit to be given to the defendant as a witness, is to be left to the jury-44 Cal. 540. See ante, § 1102, note.

§ 1329. Expenses of witness from without the county, or poor.

§ 1330. Attendance of witness residing or served out of the county. § 1331. Disobedience to subpœna, etc.

§ 1332. Failure to appear, undertaking forfeited.

§ 1333. Temporary removal of imprisoned witnesses.

1326. The process by which the attendance of a witness before a court or magistrate is required is a subpœna. It may be signed and issued by

1. A magistrate before whom a complaint is laid, for witnesses in the State, either on behalf of the people or of the defendant.

2. The district attorney, for witnesses in the State, in support of the prosecution, or for such other witnesses as the grand jury, upon an investigation pending before them, may direct.

3. The district attorney, for witnesses in the State, in support of an indictment or information, to appear before the court in which it is to be tried.

4. The clerk of the court in which an indictment or information is to be tried; and he must, at any time, upon application of the defendant, and without charge, issue as many blank subpoenas, subscribed by him as clerk, for witnesses in the State, as the defendant may require.

[In effect April 9th, 1880.]

Witness, procuring attendance.-The issuing of an attachment against a witness on behalf of the prisoner, after arrangements for summing up the case, is in the discretion of the court-19 N. Y. 549. It is a crime at common law to induce a witness to absent himself, and an attempt to do so, though not accomplished, will subject the offender to indictment-64 Me. 386. On an indictment for getting a witness out of the way, it need not be proved that the testimony of the witness was material-3 Har. (Del.) 562.

1327. A subpoena authorized by the last section must be substantially in the following form:

"The people of the State of California to A. B.:

"You are commanded to appear before C. D., a justice of the peace of - township, in county, (or as the case may be) at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the people of the State of California against E. F. "Given under my hand this

day of

A. D.

eighteen G. H., justice of the peace," (or "J. K., district attorney," or "By order of the court, L. M., clerk," or as the case may be). If books, papers, or documents are required, a direction to the following effect must be contained in the subpoena: "And you are required, also, to bring with you the following" (describing intelligibly the books, papers, or documents required). 1328. A subpoena may be served by any person, but a peace officer must serve in his county any subpoena delivered to him for service, either on the part of the people or of the defendant, and must, without delay, make a written return of the service, subscribed by him, stating the time and place of service. The service is made by showing the original to the witness personally, and informing him of its contents.

1329. When a person attends before a magistrate, grand jury, or court, as a witness in a criminal case, upon a subpoena or in pursuance of an undertaking, and it appears that he has come from a place outside of the county, or that he is poor and unable to pay the expenses of such attendance, the court, at its discretion, if the attendance of the witness be upon a trial, by an order upon its minutes, or, in any other case, the judge, at his discretion, by a written order, may direct the county auditor to draw his warrant upon the county treasurer in favor of witness for a reasonable sum, to be specified in the order, for the necessary expenses of the witness. [Approved March 8th,