Legal Opinion

People v. Barric

California Supreme Court

Decided July 1, 1874No. 10,131PublishedCited by 57 opinions

Appeal from the County Court of Santa Clara County. The case was thus: In the County of Santa Clara are extensive mines of quicksilver, which have been worked for mahy years by the “Quicksilver Mining Company of New York.” The defendant was charged in the indictment with having, on the 3d day of February, 1874, stolen ten flasks and three soda bottles containing quicksilver, the property of said corporation.

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Appeal from the County Court of Santa Clara County. The case was thus: In the County of Santa Clara are extensive mines of quicksilver, which have been worked for mahy years by the “Quicksilver Mining Company of New York.” The defendant was charged in the indictment with having, on the 3d day of February, 1874, stolen ten flasks and three soda bottles containing quicksilver, the property of said corporation. The prosecution, on the trial, called as a witness Charles W. Hinman, who testified that he had lived in Santa Clara County a number of years, and that, while in Mazatlan, Mexico, some…

1Opinion of the Court

By the Court, McKinstry, J.:

Defendant was indicted for feloniously stealing quicksilver, the property of the “Quicksilver Mining Company of New York."

The prosecution proved by the witness Rondel that the company known by the name given in the indictment was a corporation de facto, doing business as such. This was sufficient. (People v. Frank, 28 Cal. 507; People v. Hughes, 29 Cal. 257; People v. Ah Sam, 41 Cal. 645.)

The witness, Hinman, was not an accessory before the fact. It does not appear from the transcript that he knew anything of the alleged crime until after it was committed.

The…

2Cases cited4 opinions

  1. People v. FrankCalifornia Supreme Court · 1865
  2. People v. Ah SamCalifornia Supreme Court · 1871
  3. People v. HughesCalifornia Supreme Court · 1865
  4. People v. OlwellCalifornia Supreme Court · 1865

3Cited by57 opinions

  1. People v. CahillCalifornia Supreme Court · 1993
  2. People v. BrommelCalifornia Supreme Court · 1961
  3. People v. KendrickCalifornia Supreme Court · 1961
  4. State v. CrankUtah Supreme Court · 1943
  5. Thalheim v. StateSupreme Court of Florida · 1896

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