People v. Appleton
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco and from an order denying a new trial and denying a motion in arrest of judgment. Carroll Cook, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtVan Fleet, J.
Defendant's main contention is that the evidence did not warrant a conviction of grand larceny—the amount taken being less than fifty dollars—because, as contended, it did not show that the money was taken from the person of Nolan.
At the time the larceny is supposed to have been committed Nolan was in a drunken sleep on a doorstep. Between 2 and S o’clock in the morning defendant and a companion were discovered standing on the sidewalk, very near the sleeping man, in a suspicious manner; they were watched, and seen to move away a short distance and then stop for a few moments by a fence,…
2Cases cited3 opinions
- People v. McElroyCalifornia Supreme Court · 1897
- People v. OlsenCalifornia Supreme Court · 1889
- People v. ArnoldCalifornia Supreme Court · 1897
3Cited by14 opinions
- People v. FowlerCalifornia Supreme Court · 1918
- People v. MoralesCalifornia Court of Appeal · 1975
- Cornish v. WoolvertonMontana Supreme Court · 1905
- People v. HornesCalifornia Court of Appeal · 1959
- State v. PeschonMontana Supreme Court · 1957
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