People v. Barnes
California Supreme Court
Appeal from the County Court, County of Tolo. The indictment alleged that the defendant on or about the 31st day of March, 1874, at the County of Tolo,' in the night time, broke and entered the sleeping apartment of E. F. Dubois, in the Capitol Hotel, in the town of Woodland, with the intent to steal the goods of said Dubois.
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Appeal from the County Court, County of Tolo. The indictment alleged that the defendant on or about the 31st day of March, 1874, at the County of Tolo,' in the night time, broke and entered the sleeping apartment of E. F. Dubois, in the Capitol Hotel, in the town of Woodland, with the intent to steal the goods of said Dubois. On the trial, Mr. Dubois was called as a witness by the prosecution, and testified in the course of his examination, against the objection of the defendant, that, on the night of the 30th of November, the night previous to'the alleged burglary, he occupied a room in the…
1Opinion of the Court
By the Court Wallace, C. J.:
The defendant was indicted and convicted of the crime of burglary, in breaking and entering the room and sleeping apartment of one Dubois, with intent to steal, etc.
On the trial the District Attorney, as part of his case in chief, was permitted, against the objection of the defend*552ant, to prove that at a time and place admitted to be other than and distinct from those mentioned or intended to be charged in the indictment, the defendant entered a room, at the time occupied by Dubois, and stole a sum of money from him.
Upon settled principles governing the introduction…
2Cited by7 opinions
- People v. SmithCalifornia Supreme Court · 1895
- People v. StewartCalifornia Supreme Court · 1890
- People v. CarpenterCalifornia Supreme Court · 1902
- People v. GibsonCalifornia Court of Appeal · 1930
- People v. HenryMichigan Supreme Court · 1901
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