People v. Nelson

Good Law
1928 Cal. App. LEXIS 94·90 Cal. App. 27·265 P. 366
Court of Appeal of CaliforniaMarch 9, 1928Docket No. 1554.California2,428 words

Opinion

Lead Opinion

Works, J.

The three defendants were charged in a single information with the crime of burning insured property. Under direction of the trial judge, Pritchard and LeVerne were acquitted. Bessie Nelson was convicted and appeals from the judgment and from an order of the trial court denying her motion for a new trial.

It is insisted that the evidence was insufficient to support the verdict against appellant. We usually deem it necessary, when such a point is made in any case, to state so much of the evidence as is necessary to meet it. In the present instance, however, the chain of circumstances shown by the record justified so plainly an inference by the jury that appellant was guilty—if,- indeed, it did not positively require the inference—that we think it unnecessary to state any of the evidence upon the question.

At the hearing appellant moved for a separate trial, but the motion was denied and she and Pritchard and LeVerne were tried together. The motion was made upon the ground that evidence would be introduced against appellant’s co-defendants which would be inadmissible as against her, and that the hearing of such evidence by the jury would necessarily be prejudicial to her interest.…

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