People v. Getty
California Supreme Court
Appeal from the Municipal Criminal Court of the City and County of San Francisco. The defendant and Elodore Saldez were jointly indicted for burglary alleged to have been committed on the 5th day of January, 1874, by entering in the night time the room of Eosa Miranda and Juana Castro, with intent therein to commit larceny. Said Miranda and Castro kept a saloon on Dupont street, San Francisco, and lived in a room over the saloon.
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Appeal from the Municipal Criminal Court of the City and County of San Francisco. The defendant and Elodore Saldez were jointly indicted for burglary alleged to have been committed on the 5th day of January, 1874, by entering in the night time the room of Eosa Miranda and Juana Castro, with intent therein to commit larceny. Said Miranda and Castro kept a saloon on Dupont street, San Francisco, and lived in a room over the saloon. Mrs. Miranda kept in a trunk in the room upstairs a gold watch and chain, a gold locket, a breast-pin, ear-rings, a silver watch, and two hundred dollars in money,…
1Opinion of the Court
By the Court, Rhodes, J.:
Two points are presented on this appeal First, that the evidence is insufficient to show that the room from which the money and jewelry were stolen was entered in the night time; and second, that if a burglary was in fact committed, the evidence is insufficient to prove that the defendant is guilty.
1. That the room in question was entered on the 5th or 6th of January, and money and jewelry were then stolen, is beyond controversy. It became necessary for the jury to determine from the evidence at what time the entry was effected. The money and jewelry were last seen by…
2Cases cited1 opinion
- People v. MelvaneCalifornia Supreme Court · 1870
3Cited by16 opinions
- People v. FrahmCalifornia Court of Appeal · 1930
- People v. McClainCalifornia Court of Appeal · 1931
- People v. GravesCalifornia Court of Appeal · 1934
- People v. ThompsonCalifornia Court of Appeal · 1953
- People v. SpragueCalifornia Supreme Court · 1879
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