Legal Opinion

People v. Collins

California Supreme Court

Decided July 1, 1874No. 10,087PublishedCited by 17 opinions

Appeal from the Municipal Criminal Court of the City and County of San Francisco. The case was thus: Patrick Collins, the defendant here, Peter Stanley, Robert Smith and James McGovern were charged in the indictment with having, on the 16th day of April, 1873, committed the crime of robbery, by taking legal tender notes from the person of Charles Simonson, at the city and county of San Francisco.

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Appeal from the Municipal Criminal Court of the City and County of San Francisco. The case was thus: Patrick Collins, the defendant here, Peter Stanley, Robert Smith and James McGovern were charged in the indictment with having, on the 16th day of April, 1873, committed the crime of robbery, by taking legal tender notes from the person of Charles Simonson, at the city and county of San Francisco. On the trial, the testimony for the prosecution showed, that on the 17th of April, just before daybreak, Simonson was walking down Pacific street, when the four men who were indicted came behind him,…

1Opinion of the Court

By the Court, Crockett, J.:

It is assumed by counsel that this case is precisely similar to the case of People v. Stanly, 47 Cal. 114, and it is claimed that the judgment should be reversed on the authority of that case. But on looking into the record we find them to be materially different. In that case all the evidence was not before us; and it did not appear that when the four persons accused of the robbery were arrested, no greenbacks were found in their possession. The point which was pressed on the argument of thg,t appeal was, that *279the evidence of the flight of McGovern was not…

2Cited by17 opinions

  1. People v. McLeanCalifornia Supreme Court · 1890
  2. People v. HaydonCalifornia Court of Appeal · 1912
  3. People v. OlsenCalifornia Supreme Court · 1889
  4. People v. WeitzCalifornia Supreme Court · 1954
  5. People v. JamesCalifornia Court of Appeal · 1940

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