Davis v. Pacific Telephone & Telegraph Co.

A rehearing was granted in this case for consideration of a question not discussed in the Department opinion, namely, whether "telephone" is included within the meaning of "telegraph," as used in section 591 of the Penal Code. It appeared that in the criminal action the defendant was charged with cutting telegraph wires, while the facts without dispute disclosed that the wires which he cut were used as telephone wires. The importance of the consideration in the case at bar arises from the fact that if telephone wires are not within the purview of section 591 it would tend to show lack of…