Legal Opinion

People v. Montarial

California Supreme Court

Decided May 25, 1898No. Crim. No. 369PublishedCited by 4 opinions

APPEAL from a judgment of the Superior Court of Los Angeles County and from orders denying a new trial, and denying a motion in arrest of judgment. B. N. Smith, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtVan Fleet, J.

Appellant makes hut one point in support of his appeal—that the evidence did not warrant his conviction of grand larceny, but established, if anything, embezzlement instead.

At the time the money was taken it was in two trunks belonging to defendant, five hundred dollars being in one and three hundred dollars in the other, where it had been placed by Paillac, to whom it belonged, some time before, for safekeeping, under these circumstances: Paillac and the defendant were fellow countrymen and intimate friends, and roomed together at the same house; they had two rooms, one upstairs and the…

2Cases cited2 opinions

  1. People v. RaeCalifornia Supreme Court · 1885
  2. People v. JohnsonCalifornia Supreme Court · 1891

3Cited by4 opinions

  1. People v. KunkinCalifornia Supreme Court · 1973
  2. Chanock v. United StatesDistrict Court, District of Columbia · 1920
  3. People v. DyeCalifornia Court of Appeal · 1915
  4. People v. McMahanCalifornia Supreme Court · 1901

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