Legal Opinion

People v. Shainwold

California Supreme Court

Decided July 1, 1876No. 10,261PublishedCited by 5 opinions

Appeal from the County Court, County of Napa. Indictment for Arson. The indictment charged the prisoner with burning a building in Pope Valley, Napa County, the property of Pearce, Bensley, Benchly and Linforth, and the same building occupied and used by Vanarsdale & Co. in August and September, 1874, as a store.

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Appeal from the County Court, County of Napa. Indictment for Arson. The indictment charged the prisoner with burning a building in Pope Valley, Napa County, the property of Pearce, Bensley, Benchly and Linforth, and the same building occupied and used by Vanarsdale & Co. in August and September, 1874, as a store. The offense was alleged to have been committed May 24, 1875. On the trial, it was proved that Vanarsdale & Co. did occupy it as a store at the time alleged, but that a receiver of the goods had been afterwards appointed by the District Court in the case of Linforth v. Vanarsdale &…

1Opinion of the Court

By the Court, Wallace, C. J.:

The prisoner was convicted of the crime of arson in the second degree, alleged in the indictment to have been committed by him the 4th day of May, 1875.

1. If the evidence concerning the attempt of the prisoner, made on the 18th day of the same month, to fire the house, was admissible at all, it certainly was not error to introduce it before making proof of the corpas delicti alleged in the indictment, for the mere order in which the proofs are to be heard, rests in the discretion of the court trying the cause.

2. Nor have we any doubt that it was competent for the…

2Cases cited1 opinion

  1. People v. FairCalifornia Supreme Court · 1872

3Cited by5 opinions

  1. People v. AmerCalifornia Supreme Court · 1907
  2. People v. LattimoreCalifornia Supreme Court · 1890
  3. People v. NelsonCalifornia Court of Appeal · 1928
  4. People v. GreeningCalifornia Supreme Court · 1894
  5. Bates v. TowerCalifornia Supreme Court · 1894

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