People v. Eckert
California Supreme Court
Appeal from the Court of Sessions of Butte county. Defendant was indicted for stealing a steer. On the trial, the prosecution introduced as a witness, one McBillingsly, who testified, in substance, that he drove the steer from Dry Creek, Butte county to Thompson’s Flat; that defendant was with him, and that he drove the steer for defendant, and told defendant it was not his steer. The steer was driven to a butcher’s corral.
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Appeal from the Court of Sessions of Butte county. Defendant was indicted for stealing a steer. On the trial, the prosecution introduced as a witness, one McBillingsly, who testified, in substance, that he drove the steer from Dry Creek, Butte county to Thompson’s Flat; that defendant was with him, and that he drove the steer for defendant, and told defendant it was not his steer. The steer was driven to a butcher’s corral. The butcher and one of his employees testified that McBillingsly did deliver the steer to them, and that there was another man with him, but because of the darkness, they…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
It is conceded by the Attorney General, and rightly, that the judgment must be reversed.
1. The defendant was indicted for grand larceny. The Court refused to give the following instruction: “ Although the jury may be satisfied that the offense of grand larceny has been committed, yet if they find that the witness, McBillingsly, was an accomplice to the offense, they cannot find the defendant guilty, unless that witness be corroborated by such other evidence as shaU tend to connect the defendant with the commission of the offense. And such corroboration wiU be insufficient,…
2Cited by9 opinions
- Smith v. Mitchell P.California Supreme Court · 1978
- Durden v. PeopleIllinois Supreme Court · 1901
- People v. StullerCalifornia Court of Appeal · 1970
- People v. TobiasCalifornia Supreme Court · 2001
- People v. AmesCalifornia Supreme Court · 1870
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