People v. Brown
California Supreme Court
Appeal from the County Court, Placer County. The indictment charged 11 that the said Alexander Brown, on or about the 13th day of May, 1864, and before the finding and presentation of this indictment, at the County of Placer, to wit: at a place, known as Chandler & Saunders’ Ranch, in the County of Placer, did feloniously, wilfully, and unlawfully, and with force and arms, steal, take, and carry, lead, and drive away from the ranch aforesaid, the personal goods and property…
Read the full summary
Appeal from the County Court, Placer County. The indictment charged 11 that the said Alexander Brown, on or about the 13th day of May, 1864, and before the finding and presentation of this indictment, at the County of Placer, to wit: at a place, known as Chandler & Saunders’ Ranch, in the County of Placer, did feloniously, wilfully, and unlawfully, and with force and arms, steal, take, and carry, lead, and drive away from the ranch aforesaid, the personal goods and property of another, to wit: the property of W. H. Chandler and J. Saunders, of the value of more than fifty dollars; said…
1Opinion of the Court
By the Court, Sanderson, C. J.
The demurrer to the indictment was properly overruled. The charging part is in the following words: “Did feloniously, wilfully and unlawfully, and with force and arms, steal, take, carry, lead and drive away,” etc., which is not only a sufficient statement of the intent with which the taking was done, under our statute, but also at common law. (People v. Vance, 21 Cal. 403 ; Wharton’s Precedents, 190.)
We cannot reverse the judgment on the ground that the verdict is contrary to the evidence. Disregarding the testimony offered by the defendant for the purpose of…
2Cases cited2 opinions
- Cooper v. PenaCalifornia Supreme Court · 1863
- People v. Ah LoyCalifornia Supreme Court · 1858
3Cited by4 opinions
- Territory v. StoneSupreme Court Of The Territory Of Dakota · 1879
- People v. EvanoffCalifornia Court of Appeal · 1919
- Territory of Arizona v. MiramontezArizona Supreme Court · 1894
- Marley v. StateArizona Supreme Court · 1914