People v. Cunningham
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Santa Clara, and from an order refusing a new trial. The facts are stated in the opinion of Mr. Justice McKee, and in the opinion, in Department Two, of Mr. Justice Thornton.
1Opinion of the CourtMcKee, J.
The defendant was charged with the larceny of five head of cattle, the property of John Trimble. At the trial, the prosecution gave evidence tending to prove that the defendant was captured in the night-time, driving away Trimble’s cattle, and also a steer belonging to one Charles Wade. On his defense, the defendant gave evidence tending to show that he innocently came to the possession of Trimble’s cattle, by purchase from one Carmel, who had them on pasture for the owner. In rebuttal, the court, against the objections of the defendant, admitted in evidence the testimony of Wade, to show…
2Cases cited5 opinions
- Gilbraith v. StateTexas Supreme Court · 1874
- Walker v. CommonwealthGeneral Court of Virginia · 1829
- People v. HartmanCalifornia Supreme Court · 1881
- People v. LopezCalifornia Supreme Court · 1881
- People v. RoblesCalifornia Supreme Court · 1868
3Cited by18 opinions
- People v. PeeteCalifornia Supreme Court · 1946
- People v. SandersCalifornia Supreme Court · 1896
- People v. EbanksCalifornia Supreme Court · 1897
- People v. WaltersCalifornia Supreme Court · 1893
- Nowlin v. StateCourt of Criminal Appeals of Texas · 1915
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