People v. Jim Ti
California Supreme Court
Appeal from the County Court, Sierra County. The defendant was employed as a porter by one Mearny, a saloon keeper at Downieville, Sierra County. Mr. Mearny left his saloon in charge of his barkeeper late Saturday evening, and did not return until 11 o?clock A. M. the next day. When he left he placed a tin box, containing two hundred and thirty-five dollars and seventy-five cents in gold and silver coin, in his safe. The key of the safe was in a sugar bowl.
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Appeal from the County Court, Sierra County. The defendant was employed as a porter by one Mearny, a saloon keeper at Downieville, Sierra County. Mr. Mearny left his saloon in charge of his barkeeper late Saturday evening, and did not return until 11 o?clock A. M. the next day. When he left he placed a tin box, containing two hundred and thirty-five dollars and seventy-five cents in gold and silver coin, in his safe. The key of the safe was in a sugar bowl. When he returned the next morning the tin box had been taken out of the safe and placed under the counter, but the money was gone. The…
1Opinion of the Court
By the Court, Sawyer, J.:
The objection to the indictment, that the money stolen is not described with sufficient particularity, should have been taken by demurrer. The objection to the sufficiency of the description-was not taken in the mode prescribed, and came too late. (People v. Shotwell, 27 Cal. 401; People v. Garnett, 29 Cal. 626.) The facts charged are sufficient to constitute an offense.
The evidence presented by the people was sufficient to sustain the verdict—to prove the taking as well as the felonious intent—and it is no objection that the people did not call the barkeeper, either…
2Cases cited2 opinions
- People v. ShotwellCalifornia Supreme Court · 1865
- People v. GarnettCalifornia Supreme Court · 1866
3Cited by15 opinions
- People v. CrosbyCalifornia Supreme Court · 1962
- People v. GonzalesCalifornia Supreme Court · 1944
- Coffee v. StateSupreme Court of Florida · 1889
- O'Sullivan v. GriffithCalifornia Supreme Court · 1908
- People v. LuzovichCalifornia Court of Appeal · 1932
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