Legal Opinion

People v. Avila

California Supreme Court

Decided January 15, 1872No. 3,075PublishedCited by 7 opinions

Appeal from the County Court of Placer County. The indictment against the' defendaht was as follows: “ Hosea Avila, alias Portuguese Joe, and Catalice Massalina, are accused by the Grand Jury of the County of Placer, in the State of California, by this indictment, of the crime of having for their own gain received certain personal property previously stolen, knowing the same to have been so obtained.

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Appeal from the County Court of Placer County. The indictment against the' defendaht was as follows: “ Hosea Avila, alias Portuguese Joe, and Catalice Massalina, are accused by the Grand Jury of the County of Placer, in the State of California, by this indictment, of the crime of having for their own gain received certain personal property previously stolen, knowing the same to have been so obtained. The said Hosea Avila, alias Portuguese Joe, and Catalice Massalina, on or about the 29th day of January, A. D. 1871, at a place called Lyon’s Bridge, in the County of Placer, and State of…

1Opinion of the Court

By the Court,

Rhodes, J.:

The indictment charges the defendant with having feloniously received certain property, for his own gain, knowing that it was 'stolen property, etc. Section sixty-three of the Act concerning crimes and punishments provides that *199“ Every person who, for his own gain, or to prevent the owner from again possessing his property, shall buy or receive stolen goods, * * * knowing the same to have been so obtained, shall, upon conviction, be imprisoned,” etc. The indictment charges the offense in the words of the statute; and according to the numerous authorities in this…

2Cases cited1 opinion

  1. People v. CaswellNew York Supreme Court · 1839

3Cited by7 opinions

  1. People v. BurkeCalifornia Court of Appeal · 1912
  2. State v. RichmondSupreme Court of Missouri · 1905
  3. People v. RiceCalifornia Supreme Court · 1887
  4. People v. RibolsiCalifornia Supreme Court · 1891
  5. People v. ClausenCalifornia Supreme Court · 1898

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