LAW OF EVIDENCE 587
- Same transaction means one connected transaction— parts of the same piece.
Case Law. Cockles pp. 66-68.
53 Cal. 372.
Principle. Such evidence is allowed because it makes things intelligible. It provides context.
2. § Proof is allowed of a Fact which shows occasion, cause, effect or opportunity for a fact in issue or for a relevant fact.
1. A man is accused of theft. If no money is found in his possession, probability is that he did not commit theft. Every cause has effect If there was no effect no cause.
2. A man is accused of assault.—That there was a quarrel may be proved to show that there was occasion or cause.
3. A man is accused of poisoning his wife.—To show there was no opportunity for him to do so, it can be proved that the nurse was always present.
4. A is accused for murdering B.—To show there was cause for murder can be proved that B knew that A had married to C and that wanted hushmoney from A.
8. 3 § Proof is allowed of facts which show Motive, Preparation for any fact in issue or relevant fact.
Motive. Illus. (a) (b). No rational man acts without motive.
Preparation. Illus. (c) (d). No act can be done without preparation.
Case Law.
- 61 Cal. 54 —Motive-intention-Preparation-attempt-Act.