Legal Opinion

People v. Bevans

California Supreme Court

Decided July 1, 1877No. 10,291PublishedCited by 6 opinions

Appeal from the County Court, County of Monterey. The defendant was convicted, and appealed from the judgment and from an order denying a new trial. The other facts are stated in the opinion.

1Opinion of the Court

By the Court :

The indictment charged the defendant with the larceny of a cow in Monterey County, and the ¡ilea was not guilty. The defendant moved for a new trial, on the ground that there was no evidence tending to prove that the crime was committed in that county.

' The plea of not guilty puts in issue all the material averments *471of the indictment, including that of the locus delicti. (People v. Parks, 44 Cal. 105; People v. Manning, 48 Cal. 335.) After a careful examination of the evidence given at the trial, we find none which tends to prove in the slightest degree that the crime was…

2Cases cited2 opinions

  1. People v. ManningCalifornia Supreme Court · 1874
  2. People v. ParksCalifornia Supreme Court · 1872

3Cited by6 opinions

  1. People v. SimonCalifornia Supreme Court · 2001
  2. People v. AleckCalifornia Supreme Court · 1882
  3. People v. MeserosCalifornia Court of Appeal · 1910
  4. People v. PollockCalifornia Court of Appeal · 1938
  5. State v. McGinnissSupreme Court of Missouri · 1881

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