People v. Johnson
California Supreme Court
Appeal from a judgment of the Superior Court of San Francisco County, and from an order denying a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtDe Haven, J.
The defendant was charged with embezzlement, and convicted. He appeals from the judgment, and order denying his motion for a new trial.
1. The court erred in admitting the testimony of the witness Briggs, as to the description of the defendant given him by the prosecuting witness before the arrest of defendant. This-was hearsay, and, considered with reference to the other evidence in the case relating to *266the identity of defendant as the person who took the money alleged to have been embezzled, was a material error.
2. The verdict is against the evidence, as, upon the facts shown, defendant was…
2Cases cited3 opinions
- Loomis v. . PeopleNew York Court of Appeals · 1876
- Smith v. . People of the State of N.Y.New York Court of Appeals · 1873
- People v. CallCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by22 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- People v. McNamaraCalifornia Supreme Court · 1892
- People v. TomlinsonCalifornia Supreme Court · 1894
- Warren v. StateSupreme Court of Arkansas · 1912
- State v. BaldwinSupreme Court of Missouri · 1927
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