People v. English
California Supreme Court
Appeal from the County Court, County of Lake. The defendant and William Turner were jointly indicted for grand larceny, committed by stealing an ox on the 17th of October, 1876. The defendant had a separate trial.
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Appeal from the County Court, County of Lake. The defendant and William Turner were jointly indicted for grand larceny, committed by stealing an ox on the 17th of October, 1876. The defendant had a separate trial. On the trial the prosecution called John Poison as a witness, and he was permitted, against the objection of the defendant, to testify that on the 17th of September, 1876, he was passing the slaughterhouse of Graham & Daily, about one o’clock at night, and saw an animal being drawn into it, and heard heavy blows, and that a short time after this he and Turner were crossing Cobb…
1Opinion of the Court
By the Court :
The evidence of the declaration of Turner, made after the alleged offense was fully consummated, was not admissible against English, the only defendant on trial. (1 Bishop Grim.. Proc. sec. igi.)
Judgment reversed and cause remanded for a new trial.
2Cited by9 opinions
- People v. IrwinCalifornia Supreme Court · 1888
- People v. GonzalesCalifornia Supreme Court · 1887
- People v. AyhensCalifornia Court of Appeal · 1911
- Sheppard v. YocumOregon Supreme Court · 1882
- People v. AleckCalifornia Supreme Court · 1882
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