Legal Opinion

People v. Smith

California Supreme Court

Decided July 1, 1860PublishedCited by 5 opinions

Appeal from the Court of Sessions, Yolo county. The indictment ran, “ two horses of the aggregate value of six hundred dollars * * of the following description, to wit: one black or brown mare or filly, branded with a small mule shoe on the left shoulder—said mare or filly being of the value of three hundred dollars * * and one other black mare of the value of three hundred dollars, and branded with the letters Silas P. Barnes, then and there being found, feloniously did…

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Appeal from the Court of Sessions, Yolo county. The indictment ran, “ two horses of the aggregate value of six hundred dollars * * of the following description, to wit: one black or brown mare or filly, branded with a small mule shoe on the left shoulder—said mare or filly being of the value of three hundred dollars * * and one other black mare of the value of three hundred dollars, and branded with the letters Silas P. Barnes, then and there being found, feloniously did steal, take and lead or drive away, contrary to the statute,” etc. Demurrer, on the ground that the “ indictment does not…

1Opinion of the CourtBaldwin, J.

Field, C. J. concurring.

Defendant was indicted for¡¡ grand larceny, and convicted. Several errors are assigned.

1. It is argued that the indictment does not conform to the requirements of the act. It is said that the charge is in the disjunctive in this; That the defendant is charged with stealing, taking and leading *410or driving away the property, etc. The gravamen of the offense is taking and removing the stolen property; it is immaterial whether the asportation is by means of leading the animals stolen, or driving them. The offense is complete by the union of either of these acts and the…

2Cited by5 opinions

  1. People v. DickersonCalifornia Court of Appeal · 1969
  2. People v. PinerCalifornia Court of Appeal · 1909
  3. People v. BrownCalifornia Court of Appeal · 1961
  4. Sharon v. NunanCalifornia Supreme Court · 1883
  5. Thomas v. DesmondCalifornia Supreme Court · 1883

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