Castile

People v. Castile

Good Law
1906 Cal. App. LEXIS 305·3 Cal. App. 485·86 P. 745
Court of Appeal of CaliforniaMay 7, 1906Crim. No. 21.California355 words

Opinion

Lead Opinion

Allen, J.

Defendant was convicted of the crime of robbery, and from the judgment thereon, and an order denying a new- trial, he appeals.

The principal contention of appellant is that the evidence is insufficient to support the verdict. An examination of the record discloses that the robbery was perpetrated by two men answering the description of the defendant and his brother Jacob. That defendant and his brother were in the vicinity of the robbery when it occurred is unquestioned; that they had in their possession when arrested, or had sold between the date of the robbery and the arrest, many articles taken from Ellis, who was robbed, is established; the clothing worn by the robbers, the size and appearance of the men engaged in the robbery, so completely identifies the defendant with such robbery that the jury could not well have found otherwise.

We perceive no error in the admission of evidence with reference to the personal property of Ellis taken from him by the robbers and found in defendant’s possession afterward, notwithstanding such property was not specified in the information. This evidence was admissible for the purposes of identification. No request was made at the trial for…

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