People v. Mellon
California Supreme Court
Appeal from tbe County Court of tbe County of Tuba. Tbe defendant was indicted by tbe grand jury of Tuba County, for tbe crime of grand larceny, for feloniously^teal-ing, taking and driving away a large number of cattle. On tbe case coming up for trial, tbe defendant moved for a continuance, on tbe ground of tbe absence of a witness, wliicb motion was over-ruled by tbe Court.
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Appeal from tbe County Court of tbe County of Tuba. Tbe defendant was indicted by tbe grand jury of Tuba County, for tbe crime of grand larceny, for feloniously^teal-ing, taking and driving away a large number of cattle. On tbe case coming up for trial, tbe defendant moved for a continuance, on tbe ground of tbe absence of a witness, wliicb motion was over-ruled by tbe Court. Tbe trial was commenced before tbe County Court of Tuba county, S. M. Bliss, County Judge, presiding; but during tbe trial, at tbe request of Judge Bliss, tbe Hon. R. W. Keyser, County Judge of Sutter County, took bis…
1Opinion of the CourtRhodes, C. J.
The Court did not err in overruling the motion for a continuance, for the affidavit did not show that the facts which the defendant expected to prove by the absent witness, were material. It seems to have been drawn on the assumption that it had already been shown that the larceny was committed in Sacramento County, and at the time mentioned in the affidavit. The indictment charged the defendant with the commission of the larceny in Tuba County, and when the motion was made no evidence had been introduced.
The venue in the indictment is laid in Tuba County. The defendant objected to the…
2Cases cited1 opinion
- People v. SassovichCalifornia Supreme Court · 1866
3Cited by20 opinions
- Phelan v. Superior CourtCalifornia Supreme Court · 1950
- People v. SingCalifornia Court of Appeal · 1919
- California Trust Co. v. CassidyCalifornia Supreme Court · 1936
- People v. StaplesCalifornia Supreme Court · 1891
- State v. WilletteMontana Supreme Court · 1912
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