Legal Opinion

People v. Rice

California Supreme Court

Decided August 25, 1887No. 20234PublishedCited by 19 opinions

Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new trial. The facts are stated in the opinion of the court.

1Opinion of the CourtSharpstein, J.

— Appellant was accused by information, and convicted of the crime of receiving stolen property. There is no allegation that the property was of any value, and the information was demurred to on that ground. The demurrer wras overruled, and that ruling is assigned as error. There is nothing in the code defining the crime which, by necessary implication, requires that the value of the property should be alleged, and it is sufficient to charge the offense as defined by the code. (People v. Avila, 43 Cal. 196; People v. Shuler, 28 Cal. 490.)

The punishment for receiving stolen goods does not in…

2Cases cited2 opinions

  1. People v. ShulerCalifornia Supreme Court · 1865
  2. People v. AvilaCalifornia Supreme Court · 1872

3Cited by19 opinions

  1. People v. CrandellCalifornia Supreme Court · 1988
  2. People v. TahtinenCalifornia Supreme Court · 1958
  3. People v. AnthonyCalifornia Court of Appeal · 1912
  4. State v. MoxleyMontana Supreme Court · 1910
  5. People v. MacKCalifornia Court of Appeal · 1959

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