People v. McCrea
California Supreme Court
Appeal from the County Court, Placer County. The assault with intent to rob was alleged to have been committed at Stewart’s Flat, on the 26th day of March, 1866. One Baird owned a mining claim some distance from the place of the alleged assault.
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Appeal from the County Court, Placer County. The assault with intent to rob was alleged to have been committed at Stewart’s Flat, on the 26th day of March, 1866. One Baird owned a mining claim some distance from the place of the alleged assault. He was called as a witness on behalf of defendant, and testified that the defendant and Jones were at his claim on the morning of the 26th of March, and left there about ten o’clock, a. m. and went towards their place of residence; that he went to Stewart’s Flat on the afternoon óf the same day, to consult with Mr. Kincaid, an attorney at law. The…
1Opinion of the Court
By the Court, Sawyer, J.:
McCrea was jointly indicted with Jones, in the case of People v. Jones, 30 Cal. 565, for an assault with intent to rob Hong Koy, but separately tried. The evidence is very much like the evidence in the case of Jones. Some of the same errors were committed in admitting testimony that we have pointed out in that case, and it is unnecessary to consider them further.
We also think there was error in refusing to admit the testimony of Baird, Kincaid and some others, as to circumstances tending to identify the day on which defendant was at Baird’s claim. We think the…
2Cases cited1 opinion
- Larco v. CasaneuavaCalifornia Supreme Court · 1866
3Cited by42 opinions
- People v. SimmonsCalifornia Supreme Court · 1946
- Smith v. WhittierCalifornia Supreme Court · 1892
- Shields v. StateIndiana Supreme Court · 1897
- People v. AmayaCalifornia Supreme Court · 1901
- People v. LaparaCalifornia Supreme Court · 1919
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