People v. Poggi

Field, C. J. and Cope, J. concurring.

The defendant was indicted for the crime of grand larceny in converting to his own use, with intent to steal, certain gold dust of which he was alleged to be bailee. A demurrer to the indictment being overruled, and a judgment of conviction being had, the defendant has appealed.

The indictment states that the defendant “was the bailee of one hundred and thirty ounces of gold dust,” which he converted to his own use with intent to steal the same ; “ the said gold dust being then and there the property, goods and chattels of one Francisco Gallardo.” There are…