People v. Robles
California Supreme Court
Appeal from the Comity Court of Calaveras County. /On the trial Thomas Wheeler, a witness for the People, testified to the larceny of a large number of his own sheep, which before had been herded together with the sheep alleged to have been stolen from Reynolds, the prosecutor, and all were found by him, Wheeler, after the larceny of his own, and after the alleged larceny of the prosecutor’s sheep, still together in the possession of the same parties.
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Appeal from the Comity Court of Calaveras County. /On the trial Thomas Wheeler, a witness for the People, testified to the larceny of a large number of his own sheep, which before had been herded together with the sheep alleged to have been stolen from Reynolds, the prosecutor, and all were found by him, Wheeler, after the larceny of his own, and after the alleged larceny of the prosecutor’s sheep, still together in the possession of the same parties. To this evidence the defendant objected, on the ground of irrelevancy and as tending to prove an offense other than that charged in the…
1Opinion of the Court
By the Court, Sawyer, C. J.:. The defendant was indicted for the larceny of two hundred and fifty sheep, alleged to be of the total value of one thousaiid. dollars, ' Defendant demurred; and the ground of demurrer relied on in this Court, is, that the indictment is insufficient, because the value of each sheep is not alleged. Some embarrassment might arise, perhaps, under an indictment in this form, if the proof should only show some particular article, and not the whole of the property described, to have been stolen. But the indictment is sufficient. (2 Bish. Crim. Pr., Sec. 677.)
We think…
2Cited by8 opinions
- People v. SanchezCalifornia Supreme Court · 1947
- People v. SwoapeCalifornia Court of Appeal · 1925
- People v. CunninghamCalifornia Supreme Court · 1885
- People v. GardnerCalifornia Court of Appeal · 1979
- People v. LopezCalifornia Supreme Court · 1881
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