People v. Bagwell

In People v. Bagwell (1974) 38 Cal.App.3d 127, a defendant was charged with having murdered her husband by stabbing. The court initially rejected an offer of proof by the prosecution, on the issue of intent, that a year earlier, defendant had committed a similar assault on a boyfriend, resulting in his death. The court indicated that no cross-examination of defendant on that subject would be permitted because of the great prejudice to defendant; defendant took the stand and testified that she had not intended to kill her husband and was only trying to frighten him with the knife. Thereafter, the court allowed cross-examination concerning the prior assault, requiring the defendant to refuse to answer questions because of the privilege against self-incrimination. The Bagwell court reversed, finding that defendant's Fifth Amendment privilege had been violated, since she "may have been lulled into a sense of security that if she, on direct examination, made no mention of the Los Angeles affair, no cross-examination on the subject would be allowed." ( Id. at pp. 139-140.) In reversing defendant's conviction, however, the court made the pertinent observation: "We, of course, make no determination what the trial court's ruling at the next trial should be, upon renewed and properly supported motions to produce evidence, or cross-examine, on the alleged Los Angeles stabbing. Nor do we purport to suggest what ruling should be made if the court is again called upon to exercise its discretion under Evidence Code section 352." ( Id. at pp. 140-141.)