Walton

People v. Walton

Good Law
1921 Cal. App. LEXIS 372·53 Cal. App. 35·199 P. 824
Court of Appeal of CaliforniaMay 27, 1921Crim. No. 779.California1,118 words

Opinion

Lead Opinion

Works, J.

This is an appeal from a judgment of conviction of burglary. The residence of one Webster had been entered and various articles of wearing apparel were left scattered about his rooms, but nothing was missing from the place except a certain revolver. Appellant had been seen loitering about the Webster'premises and he later sold a revolver to a merchant. This revolver was produced at the trial from the merchant’s possession, and the appeal turns on the question whether the weapon was the one taken from Webster’s residence. It will be observed that the corpus delicti could not have been established except upon a showing of the identity of the revolver missed by Webster with.the one produced at the trial. Appellant contends that the trial court committed error in the admission of secondary evidence, over his objections, offered for the purpose of supplying this link in the chain of proof of the corpus delicti,

[1] It was sought by the testimony of Webster to identify the missing revolver with the one produced in court by showing that a serial number on the one was the same as that which appeared on the other. Webster had never seen the number on his revolver, but _ he was allowed,…

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