Legal Opinion

People v. Tallmadge

California Supreme Court

Decided October 3, 1896No. Crim. No. 138PublishedCited by 36 opinions

Appeal from a judgment of the Superior Court of Tulare County, and from an order denying a new trial. Wheaton A. Gkay, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtMcFarland, J.

The appellant was charged with the larceny of a number of hogs, the property of one Bertch, and was convicted of grand larceny. He moved for a new trial, and the motion was denied; and from the judgment and the order denying a new trial he appealed.

The only point pressed by appellant is that the court erred in not granting a new trial upon the ground of newly discovered evidence. One Harry Lynde was a principal witness against the appellant, and was, according to his testimony, an accomplice. He testified that, on or about the 15th of November, at 9 or 10 o’clock at night, he, in company with…

2Cases cited3 opinions

  1. People v. SuttonCalifornia Supreme Court · 1887
  2. People v. FreemanCalifornia Supreme Court · 1891
  3. Mann v. StateTexas Supreme Court · 1876

3Cited by36 opinions

  1. Larrison v. United StatesCourt of Appeals for the Seventh Circuit · 1928
  2. People v. . ShilitanoNew York Court of Appeals · 1916
  3. People v. FrankfortCalifornia Court of Appeal · 1952
  4. State v. CompianoSupreme Court of Iowa · 1967
  5. People v. LeeCalifornia Court of Appeal · 1935

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