Legal Opinion

People v. Linn

California Supreme Court

Decided July 1, 1863PublishedCited by 4 opinions

Appeal from the Court of Sessions, City and County of San Francisco. The defendant was indicted for stealing sixty-four pieces of gold coin of the lawful currency of the United States, of the value of twenty dollars each, being of the denomination" of double-eagles. He was found guilty, sentenced, and from the judgment of the Court appeals.

1Opinion of the CourtCrocker, J.

delivered the .opinion of the Court—Cope, C. J. and Norton, J. concurring.

The defendant was indicted for the crime of grand larceny in stealing gold coin. On the trial, the defendant asked the Court to instruct the jury as follows: “ 1st. That if the jury find from the evidence that the prosecution has failed to identify the money described in the indictment, as it is there described, they must acquit the defendant. 2d. That the mere statement of a sum, is not a sufficient identification of the money described in the indictment to warrant a verdict of guilty.” The Court instructed the jury as…

2Cited by4 opinions

  1. State v. LevySupreme Court of Missouri · 1914
  2. People v. BuddCalifornia Supreme Court · 1881
  3. State v. McAnultySupreme Court of Kansas · 1881
  4. Porter v. StateSupreme Court of Florida · 1890

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