Legal Opinion

People v. Titherington

California Supreme Court

Decided November 15, 1881No. 10,672PublishedCited by 2 opinions

Appeal from a judgment of conviction, and from an order refusing a new trial, and from an order denying a motion in arrest of judgment, in the Superior Court of Lassen county. Hendrick, J.

1Opinion of the Court

The Court:

Defendant was prosecuted for burglary, and on the trial the Court gave the jury the following instruction: “Although the possession of property alleged to have come from the house named in the information is not sufficient to convict the defendant of burglary or larceny, as stated in the second instruction, given at request of defendant, yet that instruction refers to the possession of such property alone. But such possession, if proven to the satisfaction of the jury, and unexplained by the defendant, supported by other circumstances tending to show guilt, is a strong circumstance…

2Cited by2 opinions

  1. State v. BradySupreme Court of Iowa · 1903
  2. State v. SullivanMontana Supreme Court · 1890

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