People v. Ellsworth
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The information accused the defendants of a burglary committed in the city and county of San Francisco, at No. 929 Folsom Street.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order denying a new trial. The information accused the defendants of a burglary committed in the city and county of San Francisco, at No. 929 Folsom Street. At the conclusion of the statement by the district attorney of what the prosecution intended to prove, defendant’s counsel moved to dismiss the information, upon the ground that the facts stated, if proved, would not justify a conviction, and also moved the court to instruct the jury to acquit the defendant upon the same ground. The court…
1Opinion of the CourtMcFarland, J.
The appellant was convicted of burglary in the second degree, and appeals from the judgment and order denying him a new trial.
The evidence was sufficient to justify the verdict; and it was immaterial whether or not the district attorney fully stated all the evidence and facts in his opening-statement to the jury.
There was sufficient proof"of the venue (People v. McGregor, 88 Cal. 140), although, as to that matter, the prosecution showed great carelessness.
We see no error in the matter of instructing the jury.
*596The appellant suffered no prejudice from the neglect of the court to inform him of…
2Cases cited2 opinions
- People v. MortierCalifornia Supreme Court · 1881
- People v. McGregarCalifornia Supreme Court · 1891
3Cited by7 opinions
- People v. LindenCalifornia Supreme Court · 1959
- People v. WeberCalifornia Supreme Court · 1906
- State v. GeelanSouth Dakota Supreme Court · 1963
- State v. SuttlesIdaho Supreme Court · 1907
- People v. MooreCalifornia Supreme Court · 1894
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