Legal Opinion
People v. Moss
California Court of Appeal
Decided February 10, 1976No. Docket Nos. 26747, 27408PublishedCited by 12 opinions
1Opinion of the Court
Opinion
FILES, P. J.
We discuss here two unrelated cases which turn on the question whether the crime of attempting to receive stolen property (Pen. Code, §§ 664 and 496) may be committed if the property involved has not been stolen. In each case the superior court dismissed before trial, and the People appealed. We are of the opinion that the decisional law of California has -established that an antecedent theft is not a necessary element of the offense charged; hence the orders of dismissal must be reversed.
In Grant, count II of the amended information accused the defendant “of the crime of…
2Cases cited5 opinions
- People v. RojasCalifornia Supreme Court · 1961
- People v. MeyersCalifornia Court of Appeal · 1963
- People v. ParkerCalifornia Court of Appeal · 1963
- Young v. Superior CourtCalifornia Court of Appeal · 1967
- Lupo v. Superior CourtCalifornia Court of Appeal · 1973
3Cited by12 opinions
- United States v. Edwin FloresCourt of Appeals for the Ninth Circuit · 2018
- People v. PepparsCalifornia Court of Appeal · 1983
- United States v. BrooklierDistrict Court, C.D. California · 1978
- People v. MeyerCalifornia Court of Appeal · 1985
- People v. OsborneCalifornia Court of Appeal · 1978
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