People v. McLane
California Supreme Court
Appeal from the Eleventh District. Defendant was indicted in the Court of Sessions of El Dorado for arson, charged to consist in the burning of a barn in that county. The barn was in what is known as Lake Valley.
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Appeal from the Eleventh District. Defendant was indicted in the Court of Sessions of El Dorado for arson, charged to consist in the burning of a barn in that county. The barn was in what is known as Lake Valley. On the trial, a diagram of the locality of the barn was introduced; and one Taylor, a witness for the prosecution, stated that he had resided in Lake Valley since 1859. The District Attorney then asked him: “ In what county is the tract of country in which this barn is situated, and which is represented on the diagram ? ” Answer : “ In this county; it is so considered.” Defendant…
1Opinion of the CourtCope, J.
delivered the following opinion:
The defendant was convicted of the crime of arson, charged to have been committed within the county of El Dorado. On the trial of the case, evidence of general reputation was admitted to show that the locus delicti was in that county. The admission of this evidence is assigned as error, and if the defendant could have been prejudiced by it, we should be disposed to regard the objection as fatal. But the fact was established by other evidence, and the defendant cannot avail himself of the error as a ground of reversal.
Judgment affirmed.
Field, C. J. and Baldwin,…
2Cited by1 opinion
- Ex parte CottrellCalifornia Supreme Court · 1881