People v. Parks
California Supreme Court
Appeal from the County Court of Tolo County. The defendant was convicted of grand larceny, and appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Wallace, C. J.:
The indictment alleges the offense to have been committed in the County of Yolo. The defendant pleaded not guilty, and it was, of course, incumbent upon the prosecution to prove the locus delicti. This was not done. The evidence conduces to establish that the robbery charged was committed, if at all, at the drinking saloon of Stroback, but there is nothing in the record which tends in the slightest degree to show that this saloon was situated in the County of Yolo.
Judgment reversed, and cause remanded for a new trial.
2Cited by12 opinions
- People v. SimonCalifornia Supreme Court · 2001
- People v. MegladderyCalifornia Court of Appeal · 1940
- People v. MeserosCalifornia Court of Appeal · 1910
- People v. SeringCalifornia Court of Appeal · 1991
- People v. KutzCalifornia Court of Appeal · 1960
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