People v. McElroy
California Supreme Court
Appeal from a judgment of the Superior Court of Tulare County and from an order denying a new trial. Wheaton A. Gray, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtVan Fleet, J.
Defendant was charged with grand larceny in stealing seventeen dollars from the person of one James Shaw, and convicted. He complains that the evidence did not warrant the verdict.
Shaw and the defendant had their beds near together in the open air. Shaw on going to bed removed his trousers, in the pocket of which was the money, and placed them under his head as a pillow; while he slept they were abstracted by the defendant, and the money taken. The question is whether these facts show a taking “ from the person” under our statute, which makes the offense grand larceny, without regard to the…
2Cases cited2 opinions
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1873
- Simmons v. StateSupreme Court of Georgia · 1884
3Cited by59 opinions
- Commonwealth v. ShambergerSuperior Court of Pennsylvania · 2001
- People v. Smith-AnthonyMichigan Supreme Court · 2013
- United States v. Brett Wayne WoffordCourt of Appeals for the Ninth Circuit · 1997
- People v. MoralesCalifornia Court of Appeal · 1975
- State v. LawrenceUtah Supreme Court · 1951
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