People v. Winkler
California Supreme Court
Appeal from the Court of Sessions of the County of El Dorado. The defendant was indicted for the crime of grand larceny.
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Appeal from the Court of Sessions of the County of El Dorado. The defendant was indicted for the crime of grand larceny. The allegation in the indictment is as follows : “ The said Jacob Winkler, on the — day of-, a. d., 1857, and before the finding of this indictment, in the county aforesaid, one cow, of the value to wit: of $100; one cow, of the value to wit: of$80; and one steer, of the value to wit: $25, and all of the value of over $50, to wit: $205, of the property of E. J. Howard, then and there being found, feloniously did steal, take, and drive away, contrary to the statute,” etc. To…
1Opinion of the CourtBurnett, J.
Indictment for grand larceny. Demurrer to the indictment. The demurrer was sustained, and the People appealed.
The only ground of the demurrer is, that the property was alleged to be of the value of two hundred and five dollars, without stating “lawful money of the United States.”
The learned counsel of defendant have referred us to the opinion of this Court in the case of the People v. A. A. Cohen, (8 Cal. R., 42,) as sustaining the decision of the Court below.
It is true that the language of that opinion, taken without reference to the circumstances of the case, would bear the construction…
2Cases cited1 opinion
- People v. ParsonsCalifornia Supreme Court · 1856
3Cited by4 opinions
- Brown v. Kelly Broadcasting Co.California Supreme Court · 1989
- State v. QuackenbushSupreme Court of Minnesota · 1906
- River Farms Co. v. Superior CourtCalifornia Court of Appeal · 1933
- State v. HoffmanSupreme Court of Kansas · 1894