Legal Opinion · Dissent

People v. Snellie

California Supreme Court

Decided September 16, 1871No. 2959Published

APPEAL from Twelfth Judicial District, San Francisco County.

1DissentCrockett, J.

— I dissent. There is no presumption that necessarily, or even prima facie, an arrest for larceny was founded on a written accusation. On the contrary, in numerous instances, the arrest is lawfully made, without a warrant or written accusation, when the offender is taken in the very act of committing the crime. But if the law expressly required a written accusation as preliminary to the arrest, nevertheless the accused may, in fact, have been arrested on a verbal accusation only; and for all the purposes for which the witness in this case was interrogated on that subject, the fact of the…

2Cases cited2 opinions

  1. People v. ReinhartCalifornia Supreme Court · 1870
  2. People v. McDonaldCalifornia Supreme Court · 1870

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