People v. Jones
California Supreme Court
Appeal from the County Court of San Joaquin County. The defendant was indicted for the crime of robbery committed from the person of George Kimble. At the trial, Kimble testified that while he was carrying a washboard in his hands through a street in Stockton, he was knocked down by one Meehan. Kimble immediately shouted “Police,” when a person standing near whom he recognized as the defendant said, “ Hit him again.”
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Appeal from the County Court of San Joaquin County. The defendant was indicted for the crime of robbery committed from the person of George Kimble. At the trial, Kimble testified that while he was carrying a washboard in his hands through a street in Stockton, he was knocked down by one Meehan. Kimble immediately shouted “Police,” when a person standing near whom he recognized as the defendant said, “ Hit him again.” Kimble became insensible; and when he recovered, his purse, containing one hundred and thirty-five dollars, was gone. There was evidence that Kimble was intoxicated ; that he was…
1Opinion of the Court
By the Court :
The Court erred in refusing to give the seventeenth instruction, which was to the effect that under the indictment for robbery the jury might find the defendant guilty of a larceny, if they entertained a reasonable doubt as to which of the two offenses he was guilty.
Robbery is larceny committed by violence from the person of one put in fear. “ The indictment for robbery charges a larceny, together with the aggravating matter which makes it in the particular instance robbery.” (2 Bish. Cr. L. 1158.) In the Penal Code,, sec. 484, larceny is defined: “ The * * felonious * * taking…
2Cited by21 opinions
- People v. OrtegaCalifornia Supreme Court · 1998
- People v. ButlerCalifornia Supreme Court · 1967
- The People v. WilliamsCalifornia Supreme Court · 2013
- People v. AmmermanCalifornia Supreme Court · 1897
- People v. NelsonCalifornia Supreme Court · 1880
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