Legal Opinion

People v. Phillips

California Court of Appeal

Decided March 1, 1916No. Crim. No. 455PublishedCited by 6 opinions

APPEAL from a judgment of the Superior Court of Imperial County, and from an order denying a new trial. Franklin J. Cole, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtJames, J.

Appeal from a judgment of imprisonment and from an order denying defendant’s motion for a new trial.

Defendant was prosecuted agreeable to the provisions of section 538 of the Penal Code, which makes the mortgagor of personal property, who sells or transfers the same to another, guilty of larceny, where he fails to inform the person to whom, the sale is made of the existence of the mortgage and also fails to give written notice to the mortgagee of such intended sale. The property in question, which was subject to the lien of a chattel mortgage and which it is alleged the defendant sold without…

2Cases cited1 opinion

  1. People v. PhillipsCalifornia Court of Appeal · 1915

3Cited by6 opinions

  1. People v. SinghCalifornia Supreme Court · 1920
  2. Evans v. Superior CourtCalifornia Court of Appeal · 1930
  3. Sawyer v. BarbourCalifornia Court of Appeal · 1956
  4. Reno v. A. L. Boyden Co.California Court of Appeal · 1931
  5. People v. FarmerCalifornia Supreme Court · 1956

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