People v. Garcia
California Supreme Court
Appeal from the County Court, Tuolumne County. The following is the indictment: “José Gasseo is accused by the Grand Jury of Tuolumne County by this indictment of the crime of going away with the property of another, with intent to steal,” etc., committed as follows: “ That the said José Gasseo, at the County of Mariposa, on the 24th day of August, 1863, and previous thereto, was the hired servant, as laborer and farm servant, of Edward C. Bell, his master and employer; and…
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Appeal from the County Court, Tuolumne County. The following is the indictment: “José Gasseo is accused by the Grand Jury of Tuolumne County by this indictment of the crime of going away with the property of another, with intent to steal,” etc., committed as follows: “ That the said José Gasseo, at the County of Mariposa, on the 24th day of August, 1863, and previous thereto, was the hired servant, as laborer and farm servant, of Edward C. Bell, his master and employer; and that as such hired servant he was intrusted by his master and employer with one layo coyote horse, of the value of…
1Opinion of the Court
By the Court, Sawyer, J.
There was no error in overruling the demurrer to the indictment. The property is alleged to have been brought into Tuolumne County, and the offense was indictable in that county. (Wood’s Digest, 277, secs. 87-92.)
The offense is charged in the language of the Act defining it, (Wood’s Digest, 339, sec. 70,) and the circumstances under which it was committed are fully set out. This has repeatedly been held to be sufficient under our statute, without using the word “ feloniously.” (6 Cal. 487 ; 7 Cal. 403 ; 10 Cal. 309 ; 14 Cal. 30 ; 19 Cal. 601.)
On the 20th of January the…
2Cases cited5 opinions
- People v. MurrayCalifornia Supreme Court · 1858
- People v. PoggiCalifornia Supreme Court · 1862
- People v. ParsonsCalifornia Supreme Court · 1856
- People v. SaviersCalifornia Supreme Court · 1859
- People v. OliveraCalifornia Supreme Court · 1857
3Cited by17 opinions
- Brown v. StateWisconsin Supreme Court · 1906
- State v. NolandSupreme Court of Missouri · 1892
- State v. WilsonSupreme Court of Iowa · 1913
- People v. ShulerCalifornia Supreme Court · 1865
- People v. PetersCalifornia Court of Appeal · 1950
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