Legal Opinion

People v. McKeller

California Supreme Court

Decided July 1, 1878No. 10,342PublishedCited by 23 opinions

Appeal from the Comity Court of San Joaquin County. The defendant was tried and convicted of the crime of burglary. He moved for a new trial, which was denied; whereupon he appealed. The other facts are stated in the opinion.

1Opinion of the Court

By the Court :

The prisoner, in order to prove that he was not present in San Joaquin County at the commission of the burglary for which the indictment proceeds, produced a witness, Richard Carolan, who testified in substance that he had seen the prisoner at the corner of Third and Mission Streets, in the city of San Francisco, on Sunday, April 22nd, 1877, between three o’clock and four o’clock p. M. It was conceded at the trial that if the prisoner was present in San Francisco at the time mentioned by the witness Carolan, it was impossible for him to have been present at the scene of the…

2Cited by23 opinions

  1. People v. WellsCalifornia Supreme Court · 1949
  2. People v. DurrantCalifornia Supreme Court · 1897
  3. People v. MayenCalifornia Supreme Court · 1922
  4. People v. KrompholdCalifornia Supreme Court · 1916
  5. State v. PayneWashington Supreme Court · 1893

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