People v. Garnett
California Supreme Court
Lewis H. Smith, Frank H. Short, and W. D. Crichton, for Appellant. The words “charged with or convicted of a felony” import that the “charge” must be made in some legal proceeding. (State v. Duncan, 9 Port. 260; Ryan v. People, 79 N. Y. 598; Day v. Otis, 8 Allen, 477.) The word “the” magistrate particularizes the offense of concealing the felony. (25 Am. & Eng.
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Lewis H. Smith, Frank H. Short, and W. D. Crichton, for Appellant. The words “charged with or convicted of a felony” import that the “charge” must be made in some legal proceeding. (State v. Duncan, 9 Port. 260; Ryan v. People, 79 N. Y. 598; Day v. Otis, 8 Allen, 477.) The word “the” magistrate particularizes the offense of concealing the felony. (25 Am. & Eng. Ency. of Law, 1019, 1020; Stewart v. Duncan, 40 Minn. 410.) There must be some positive acts of concealment from the magistrate, which ought to be stated in the information. (Pen. Code, sec. 950; Jones v. State, 14 Ind. 120; Bowles v.…
1Opinion of the CourtGaroutte, J.
Defendant was convicted of being an accessary to the crime of grand larceny. Section 32 of the Penal Code, under which he was convicted, reads as follows: “All persons who after full knowledge that a felony has been committed conceal it from the magistrate, or harbor and protect the person charged with or convicted thereof, are accessaries.”
The aforesaid section is not as plain and explicit as it might he by any means. At the same time the word “conceal,” as here used, means more than a simple withholding of knowledge possessed by a party that a felony has been committed. This concealment…
2Cases cited1 opinion
- People v. MitchellCalifornia Supreme Court · 1891
3Cited by41 opinions
- Scafidi v. Western Loan & Building Co.California Court of Appeal · 1946
- People v. BRACCalifornia Court of Appeal · 1946
- Kinney v. County of Contra CostaCalifornia Court of Appeal · 1970
- People v. SerranoCalifornia Court of Appeal · 1932
- State v. JonesSupreme Court of Arkansas · 1909
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