People v. Stone
California Supreme Court
Appeal from the Court of Sessions of Placer. The indictment was against both Stone and Lipstein, and contained two counts; the one, a general count for stealing; the other, setting forth the facts that Lipstein, being the servant of Barrett, the prosecutor, took the property away, aided and supported by Stone, with the felonious intent of stealing and defrauding, etc.
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Appeal from the Court of Sessions of Placer. The indictment was against both Stone and Lipstein, and contained two counts; the one, a general count for stealing; the other, setting forth the facts that Lipstein, being the servant of Barrett, the prosecutor, took the property away, aided and supported by Stone, with the felonious intent of stealing and defrauding, etc. The language of the indictment, as to the character of Lipstein’s trust, is: “ And the said Lipstein, being a person hired by one Barrett, as a servant, on or about,” etc., aided and abetted, etc., did, “ by artifice and…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
In this case, the defendant was convicted of larceny, the offense charged being the felonious taking of a wagon and team. It was *371proved by the prosecution that Stone owed the prosecutor, Barrett, a sum of money, and, to secure it, made to Barrett a bill of sale of this property, and delivered him the possession. The bill of sale was absolute on its face, but the agreement or undertaking was, that Barrett should keep the property until the profits had paid him about the sum of $1,000, or until the indebtedness had been otherwise paid; in which event the…
2Cited by13 opinions
- People v. TufungaCalifornia Supreme Court · 1999
- People v. ButlerCalifornia Supreme Court · 1967
- Jones v. JonesCalifornia Supreme Court · 1886
- People v. RomoCalifornia Court of Appeal · 1990
- Bruley v. RoseSupreme Court of Iowa · 1882
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